Before We Begin...

Some divorces are more complicated than others, and not everyone should use this online tool. So let's start by asking you a few questions to make sure that this website is right for your situation.

Do you or your spouse live in B.C.?

Yes. If you've been living in B.C. for at least one year and continue to live in B.C., you can apply for divorce in BC Supreme Court. The Canada Divorce Act states that a supreme court can deal with divorce proceedings when either spouse has been living in the province for at least one year immediately before applying.

Have you or your spouse lived in B.C. at least one year prior to starting your divorce?

In order to apply for a divorce in B.C., you or your spouse must have been a regular resident in B.C (the legal term is habitual residence ) for at least one year immediately before starting the proceeding.

More information

Habitually Resident

The legal definition of “habitually resident” is: the place where in the settled routine of an individual's life, he or she regularly, normally or customarily lives. “Habitually” is the word is used in s. 3(1) of the Divorce Act…. A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding.

A detailed explanation of the meaning of habitually resident can be found on the Department of Justice website.