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The British Columbia divorce and family law lawyers at the MacLean Family Law Group want to make sure that the BC public is aware of how and when persons residing in British Columbia are entitled to claim a BC divorce. There are three grounds for divorce in British Columbia:

1. The BC divorcing parties have been or will be separated for one year prior to the granting of the British Columbia divorce;
2. Their BC partner has committed adultery meaning they have had sexual intercourse with someone other than their spouse while married to their spouse;
3. Their BC partner has treated them with a mental or physical cruelty that goes beyond trivial actions or unpleasant behavior.

Most people seeking a BC divorce are surprised to know that they do not have to wait until they have been separated for one year but rather that they are entitled to commence the BC divorce as early as the first day they are separated. The advantage of commencing an action immediately is that it can speed the settlement of the financial and other issues related to the divorce such as, child custody, child support, spousal support, family asset and property division, and restraining orders if necessary.

In order to commence a divorce in British Columbia you must have ordinarily resided in British Columbia or failing that -your spouse must have ordinarily reside in British Columbia for greater than 12 months immediately preceding the filing of the divorce claim. To learn more about how to obtain a divorce in British Columbia and to protect your rights with respect to related financial and custody guardianship and access issues in British Columbia please feel free to browse our website.

Lorne MacLean