Despite a person’s best efforts, sometimes marriage runs its course and comes to an end. The ending of a marriage is one of the most difficult chapters in a person’s life and the legal process can be tedious. The law requires you to meet certain criteria before a judge can grant a divorce.
A judge can grant a divorce in British Columbia if you or your spouse lived in the province for a minimum of one year and a fundamental breakdown of the marriage has occurred. If there are children involved, the judge must be satisfied that there are arrangements in place between the spouses to care for the children.
A fundamental breakdown in the marriage occurs when the spouses live separate and apart for at least one year or there must be the existence of adultery or cruelty. In some cases, spouses can be separated but still live in the same property.
If the fundamental breakdown in the marriage is the result of adultery, physical cruelty, or mental cruelty, a divorce can be granted without living separately and apart for at least one year.
Regardless of the reason for separating, a divorce allows people to have a fresh start in the next chapter of their life.