There is always the paperwork! Divorce is not easy!
Trying to get a good deal in your separation or divorce is often more difficult than it seems. In most cases, one person starts the process and the other resists. In almost all cases, once both people involved are moving toward divorce, there are usually arguments about the splitting of assets, spousal support, child support or a whole host of things, many of which are important, some stupid or simply just spiteful. In a couple of recent cases in which I have been involved, the biggest challenges have been managing the legal system, the paperwork and having the patience required to deal with the backlog that exists within the courts.
When working through this “traffic jam”, it is frustrating to decide the best way forward. In my limited experience, most couples try to find the best style of negotiation process with the help of their lawyers. In B.C., this process can go smoothly if the divorce is uncontested. In fact, according www.gov.bc.ca. most negotiations can be completed within a year if the married couple have been separated for at least one year. (If the couple have lived together “common-law”, the period is two years.)
If problems arise and the divorce becomes contested, then the process will take longer. In one case that I am privy to; the divorce took just over 11 years to complete!
The challenging part of a separation and divorce is the mandatory paperwork that no one considers at the outset. According to the Family Law in BC website and the BC Ministry of Justice e-Divorce site, here are four important things to be mindful of if a couple are committed to getting a divorce.
Key Timelines and Factors
There is a mandatory One-Year Separation.
The most common ground for divorce in Canada is that the spouses have lived “separate and apart” for at least one year.
You can file for divorce any time after separation, but the court will not grant the final order until the 12-month period has passed.
Spouses can be considered separated even if they still live in the same house, provided they live separate lives (e.g., no shared household duties or sexual relations). This is especially important because in each divorce there is a third party and that is the Canada Revenue Agency! Whatever you agree to in your divorce, couples should make sure things are done in compliance with Canada’s tax law. For example, if a couple are living in the same house, ensure that each of the couple’s bedroom is in a separate part of the house and that there is a separate entrance to the suite.
Court Processing Time
Once all the correct paperwork for an uncontested divorce has been sent to the BC Supreme Court, the waiting period for the court to review and process the application is typically about two to four months, depending on how busy the court registry is.
Final Order Waiting Period
After a judge grants the divorce order, there is a 31-day waiting period before it becomes final and legally effective, during which an appeal can be filed. Remarriage cannot happen until after this 31-day period has elapsed.
Factors That Can Cause Delays
The most common reasons that delays extend the timeline are:
Disagreements: Inability to agree on issues like parenting arrangements, child and spousal support, and division of property and debt is the primary cause of delay.
Incorrect Paperwork: Applications with missing details or incorrect information will be rejected, requiring resubmission and causing delays. In my role as the Financial Neutral, incomplete or inaccurate financial statements and valuations slow down the process immensely.
Court Backlogs: The volume of cases in the court system can lead to administrative processing delays.
Service Issues: Difficulty in serving legal documents to an uncooperative spouse or one living outside of BC can prolong the process.
In getting a divorce, not only do you have to consider what style of negotiation you want to embrace, but you also must be mindful of the regulatory hurdles that you and your team face. It is no wonder that getting a divorce is stressful for all concerned.
