At Align Family Law, we believe that the divorce process doesn’t have to be devastating. That’s why we use a collaborative approach to help people all around British Columbia minimize the emotional and financial toll of separation and divorce. Our goal is to help you move beyond your separation. Together, we can create a plan for the path forward.
Victoria
Divorce Lawyers
Victoria
Divorce Lawyers
At Align Family Law, we believe that the divorce process doesn’t have to be devastating. That’s why we use a collaborative approach to help people all around British Columbia minimize the emotional and financial toll of separation and divorce. Our goal is to help you move beyond your separation. Together, we can create a plan for the path forward.
Our Victoria Divorce Services
Divorce can be stressful and overwhelming. During this challenging time, a dedicated, empathetic and skilled family lawyer can make a significant difference in the outcome. At Align Family Law, our focus is on reaching agreement through negotiation, mediation and collaborative family law. We find that parties who work with our team to arrive at a settlement of their dispute out of court as opposed to going through a trial often have a more favorable outlook for their future.
We provide divorce-only packages that are available if all other issues such as parenting, division of property and debt, and spousal support and child support have been previously resolved by either a separation agreement or by a court order. These packages only apply to situations where the claim will proceed on an “uncontested” basis (the other party will not/does not file a response to the divorce claim).
The package includes:
- Drafting the claim for divorce.
- Drafting the supporting documentation, including the Divorce Order,
- Divorce Affidavit, Child Support Affidavit (if applicable), Requisition, and Certificate of Pleadings.
- A copy of the entered Divorce Order.
The package does not include:
- Court filing fees
- Process server fees
- Original copy of the marriage certificate. If you were married in BC, this may be obtained through the Vital Statistics website.
What Our Clients Say
Our Victoria Divorce Process
STEP TWO:
We’ll listen to your story, clearly set out your options so you can determine your best next steps.
STEP THREE:
Together, we’ll get to work resolving the issues and getting you started on your next chapter.
Frequently Asked Questions
What are the grounds for divorce in British Columbia?
The court will make a divorce order if it is satisfied the marriage has broken down. There are three grounds for divorce. Most divorces in British Columbia proceed on the ground that the spouses have been living separate and apart for more than one year. However, you can also file for divorce on the grounds of adultery or if your spouse was physically or mentally cruel to you. Either way, you have to show the court that you’ve made adequate support arrangements for your children.
Do I need to be “legally separated”?
In British Columbia, there is no such thing as a “legal separation.” You don’t have to file anything or sign a document to be separated. Separating is as simple as one party deciding and communicating to the other that the relationship is over. You can be living under the same roof and still be considered by the law to be separated.
Why is the date of separation important?
If you are common-law, you have two years from the date of separation to make a claim for property or debt division or spousal support. For all spouses, the date of separation is also when each spouse becomes entitled to a half-interest in all family property and becomes responsible for one-half of all family debts. After the date of separation, any property a spouse obtains is their own separate property and any debt is their own separate responsibility.
Do I need a lawyer to get a divorce in Canada?
You’re not legally required to retain the services of a lawyer in order to file for divorce. However, it can be difficult to navigate the process on your own, especially if there are contested issues, such as property division or parenting arrangements. If you’re thinking about filing without representation, at least talk to a lawyer first to get some advice.
Will I get spousal support if I get divorced?
Spousal support, or alimony as it is sometimes called, is one issue that can be negotiated during a divorce. A claim for spousal support needs to be made within two years of a divorce being granted if the parties were legally married, or two years after separation if they were common law. The Spousal Support Advisory Guidelines are used to determine how much spousal support is payable and for how long, but there are myriad factors that determine the quantum of support. A lawyer can help you determine what the best option for you is.
Contact Our Align Family Law Divorce Lawyers Today
We know that divorce can feel devastating, which is why we guide you through each step of the process, focused on reaching an agreement that works for everyone so that you can get started on finding your path forward.
Are you looking for a family lawyer?
We have offices in Victoria, Kimberley and Vancouver and can assist clients anywhere in British Columbia.
Fill out our form and an Align Family Law team member will contact you within one business day to schedule your Zoom call with a British Columbia family law lawyer.
