More Information
Get Help

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.

When did you and your spouse separate (legally this is referred to as living separate and apart )?

Separation starts when one spouse decides that things have come to an end / the relationship is over, and then acts on the decision.

You might even still live in the same house to save money, but you're usually still considered separated if you don't share things like meals, a bedroom, and social activities.

If you cannot remember the exact date you separated then enter:

  • the last day of that month in which you decided to separate from your spouse,
  • the month, and;
  • the year

Did you and your spouse attempt to reconcile after you separated ?

Spouses that are separated can get back together and live together again to try and make the marriage work, but within the one-year separation period they can only live together for a total of 90 days or less. If they live together for more than 90 days, the one-year period of separation starts all over again from the date of the last separation. For more information on separation, refer to “Separation and Separation Agreements” from the Canadian Bar Association.

   Back Next   

More information

Am I separated?

When two people who have been living together in a marriage decide not to live together any more, they are separated.

There is no such thing as a "legal" separation. If you are living apart, you are separated.

It is possible to be separated and still living in the same home where a clear intention of a permanent separation has been communicated and acted upon.

What happens if my spouse and I tried to work things out?

If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you had not spent the time together.

Does being separated mean living at two different addresses?

Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.

A list of activities and behaviours that the courts consider to be indicators of a couple being separated can be found on the Family Law in B.C. website.