Navigating the complexities of separation and divorce, whether a common-law relationship or a marriage, is invariably a period marked by stress and emotional turmoil. At Watson Goepel LLP, we provide strategic, compassionate guidance at every stage of the process.
In Vancouver and British Columbia, legal guidelines for divorce are set by both the federal Divorce Act and the BC Family Law Act (which applies to property, parenting arrangements, and more). With an experienced Vancouver divorce lawyer on your side, you can achieve your goals in both a time and cost-effective way while staying cognizant of your legal rights and responsibilities.
Don’t navigate this difficult time alone. If you’re dealing with a separation or divorce, our divorce lawyers in Vancouver can help you move forward with confidence. To discuss your situation with a member of our family law team, call our Vancouver office at (604) 688-1301 or fill out our online contact form today.
Grounds for Divorce in British Columbia
If you wish to end your marriage in Vancouver or BC, there are specific requirements you must meet to legally file for divorce. Primarily, at least one spouse must reside in BC for at least one year prior to filing.
In addition, under the Divorce Act, grounds you may cite for divorce include:
- One year of separation,
- Adultery, or
- Physical or mental cruelty
The grounds you cite when you file for divorce may impact how you proceed with your case. For example, you may need to decide whether you are going to undertake a contested or uncontested divorce. An experienced divorce lawyer in Vancouver will be able to guide you through the filing process and advise you on what to expect going forward.
Divorce Services Our Lawyers Offer
Our lawyers are dedicated to working with you to develop a strategic approach to your family matter that is tailored to your specific needs. They will provide guidance through every stage of the separation or divorce, where issues including spousal and child support, division of property, debts, assets, and establishing parenting arrangements must be dealt with.
At Watson Goepel LLP, our Vancouver divorce lawyers can assist with:
- Contested Divorce: Contested divorces occur when spouses disagree over key terms of their divorce, not the divorce itself. For example, when disputes arise over decision-making responsibility, spousal support, or other important factors. Your lawyer will help you negotiate with your spouse, mediate, and, if necessary, litigate the terms of your divorce in court before a judge.
- Uncontested Divorce: You may pursue an uncontested divorce if you are on good terms with your spouse and can agree to key issues (like support, parenting, or property) amicably. Uncontested divorces are sometimes referred to as desk divorces, as you may not need to appear in court, there will be generally lower legal costs, and your timeline may be shorter.
- High Net-Worth Divorce: If your divorce is going to involve assets with a value upwards of $1,000,000, such as businesses, trusts, or international holdings, our high net-worth divorce lawyers in Vancouver can help. We can assist with business valuations, tax implications, forensic accounting, and more.
- Spousal Support: With our understanding of the Spousal Support Advisory Guidelines, we can help you calculate entitlement, duration, and amount of spousal support when you get divorced. We can also address any complicated factors, such as self-employment, hidden income, and interim orders, to help you reach a successful agreement.
- Division of Property and Debt: The division of family property is a major part of any divorce in Vancouver. We will help you determine what is considered family property vs. excluded property under the Family Law Act. You can meet with our divorce lawyers in Vancouver to discuss asset valuation, tax considerations, debts, hidden asset discovery, and more.
- Parenting Arrangements (if necessary): If you and your spouse share children, you’ll need to address guardianship, parenting time, and decision-making responsibilities during the divorce process. We can help you draft a parenting plan during your divorce or negotiate terms via collaborative family law.
Why Hire Our Vancouver Divorce Lawyers?
At Watson Goepel LLP, we understand how difficult a divorce can be to manage. Whether it is amicable or not, the emotional, financial, and social effects you’ll feel are real. That’s why we’re committed to providing accessible, compassionate divorce services to our clients. With a deep understanding of local laws and regulations, we’ll make sure your rights are protected and the process proceeds as seamlessly as possible.
When you work with our divorce lawyers, you gain the advantage of:
- A Strategic Divorce Plan: We take a customized approach to every situation depending on your goals. As a result, we can help you plan for life post-divorce, including what your finances will look like, parenting arrangements, housing, and more. We’ll offer legal guidance when it comes to asset protection, long-term planning, and other important factors.
- Alternative Dispute Resolution Options: Our firm applies a balanced approach in addressing family law matters, employing alternative dispute resolution methods such as collaborative law, mediation, and arbitration, as well as litigation. This ensures robust advocacy for your interests, especially in instances where direct negotiations do not yield the desired outcome.
- Years of Combined Experience: Our family law team at Watson Goepel LLP has years of combined experience handling divorces for our clients in BC. As a result, we can assist with both simple, uncontested matters as well as high-conflict divorces that go to court. No matter what situation you find yourself in, we’re ready to help.
- Cross-Functional Knowledge: We will collaborate with the financial experts, business lawyers, and estate planners at Watson Goepel LLP to examine and manage the full scope of your divorce.
Frequently Asked Questions: Divorce Law in BC
Divorce can get complicated. Here are answers to some of the most common questions our clients ask:
How long does it take to get divorced in BC?
The timeline for divorce in Vancouver will depend on whether the divorce is contested or uncontested.
For uncontested divorces, if you and your spouse can agree on all key issues without dispute, it may be finalized within 3 to 6 months of your paperwork being filed. The timeline may vary depending on court processing speeds and backlogs.
Contested divorces, on the other hand, can take significantly longer. You may be looking at 1-2 years, especially if you decide to take your case to trial. Delays are often caused by unresolved disputes, issues with financial disclosure, or scheduling challenges in court. An experienced divorce lawyer will be able to help you avoid any unnecessary delays.
What if my spouse won’t agree to the divorce?
In BC and Canada, you don’t need your spouse’s permission to file for divorce. As long as you meet the legal requirements outlined above, you can still proceed with a divorce. This is true even if your spouse refuses to cooperate or does not respond to your filing.
However, if your spouse contests the terms of the divorce (such as spousal support, parenting arrangements, or property division), then you will enter into a contested divorce. Although this doesn’t prevent the divorce from happening, it will cause delays and extend the time until it’s finalized. You may also need to engage in mediation, negotiation, or litigation in court to resolve issues.
What if my spouse and I own a business together?
In BC, when spouses jointly own a business, its value and structure become part of the family property to be divided during divorce. This means that you’ll need to properly value the business, which will require a valuation professional. Once you have established the value of the business, you can generally decide whether:
- You want to buy out your spouse’s share, or vice versa
- The business will be sold, and the profit divided
- You will continue to co-own the business once your divorce is finalized
To divide a business during divorce, you’ll need to undertake careful planning to minimize any disruptions to your operations. Watson Goepel’s divorce lawyers will work in tandem with our business law team and other trusted financial professionals to protect your interests.
Contact Our Divorce Lawyers in Vancouver Today
When it comes to your divorce, you do not need to navigate the process alone. Our divorce lawyers at Watson Goepel LLP are committed to advocacy and clarity for our clients during stressful times.
Whether you’re thinking about separation or are already in the middle of a complex divorce, our Vancouver divorce lawyers are here to protect your rights and your future. To discuss your situation with a member of our family law team today, call our head office at (604) 688-1301 or fill out our online contact form.
