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Consent of the spouses is not considered the legal ?test? for divorce in the federal Divorce Act. But, while you do not need a spouse's consent in Canada, you will only be granted a divorce if certain requirements are met and a breakdown in the marriage can be proven.
After a year of separation and once all family law issues and claims have been settled, it may be possible to obtain an order for divorce from the BC Supreme Court in 2-4 months. This period might take longer if the Supreme Court Registry is backlogged with processing other pending orders.
In the case of an uncontested divorce, this is usually a fairly straightforward process. Since both parties agree to reach a settlement, they can usually get their divorce granted in a relatively short time by the court. This is a far easier process, and it tends to take much less time and money.
You'll need A blank Affidavit ? Desk Order Divorce (Form F38) A blank Child Support Affidavit (Form F37), if you have dependent children. A blank Requisition (Form F35) A blank Certificate of Pleadings (Form F36) A blank draft Final Order (Form F52) Your separation agreement or court orders. Your photo identification (ID)
Amicable Divorce Filing jointly eliminates the need to serve the other party and allows the couple to apply for an uncontested or undefended divorce (also called a desk-order divorce) together.