How Long Does an Uncontested Divorce Take in BC?

Author: SiLaw Group Family Lawyers
Published: Sep 21, 2026

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Short answer: there is no single number, and anyone who gives you one without asking questions is guessing. Three parts of the timeline are fixed by law: the one year of separation that usually establishes the ground for divorce, the 30 days a served spouse has to respond, and the 31st day after the order on which the divorce takes effect. The rest, mainly preparing your documents and the court registry's review of the desk order package, varies with your paperwork and the registry's workload. This post walks through each stage honestly, so you know which parts of the wait are law and which are logistics.

For what an uncontested divorce is and what it costs, see our uncontested divorce service page. For the wider journey from separation onward, start with our complete divorce guide.

Stage 1: the separation year usually governs the clock

There is one ground for divorce in Canada, breakdown of the marriage (Divorce Act, s. 8), and most uncontested divorces establish it by living separate and apart for at least one year. For most couples, this year is the longest part of the timeline, and it starts at separation, not at filing.

Two features of the Act soften it:

• You can file before the year is up. Section 8(2)(a) requires the year of separation to precede the court's determination, not the start of the case; at filing you need only be living separate and apart. So the paperwork can be underway while the year runs, and the court grants the order once the year has passed.
• Reconciliation attempts do not restart the clock. Resuming cohabitation for a period, or periods totalling, not more than 90 days, with reconciliation as the primary purpose, does not interrupt the separation (s. 8(3)).

One more clock runs alongside it: at least one spouse must have been habitually resident in British Columbia for at least one year immediately preceding the proceeding (s. 3(1)). For most people this is already satisfied long before they file.

Stage 2: filing and service

Only the BC Supreme Court grants divorces. The case starts when one spouse files a Notice of Family Claim, or both spouses file a Joint Family Claim together. Which route you take changes this stage of the timeline, and we compare them in our post on joint vs sole divorce applications in BC.

If you file alone, the claim must be personally served on your spouse under Rule 6-3 of the Supreme Court Family Rules. Someone who is not a party and is at least 19 years old must physically deliver the documents; ordinary mail, registered mail, email, and fax do not qualify. How long this takes depends on logistics, mainly how easy your spouse is to locate, and a process server usually handles it and then swears an affidavit of service.

If you file jointly, there is no respondent, so this stage and the next one disappear entirely.

Stage 3: the 30-day response window (fixed)

A spouse served in Canada has 30 days to file a Response to Family Claim (Rule 4-3). This period is set by the rules, and it runs even when everyone knows no response is coming. If nothing is filed by the end of it, the case is undefended and can move to the desk order stage. Different deadlines apply to a spouse served outside Canada, which we can confirm for your situation.

Stage 4: the desk order package and the judge's review (varies)

An undefended divorce finishes in writing under Rule 10-10 of the Supreme Court Family Rules. You file a requisition in Form F35 with the supporting material it requires, including the divorce affidavit in Form F38, and a judge reviews the package in chambers. No hearing, no attendance.

This is the stage with no fixed statutory length. Two things drive it:

• The quality of the package. The judge must be satisfied the material is complete and, where there are children, that reasonable arrangements have been made for their support, having regard to the applicable child support guidelines. If such arrangements have not been made, the Divorce Act requires the court to stay the granting of the divorce until they are (s. 11(1)(b)). Support numbers that do not line up with the guidelines are a common reason a package stalls, so getting the affidavit right the first time protects your timeline.
• Registry workload. How quickly a registry processes desk order packages varies by registry and by season, and published figures go out of date quickly. We will not quote a processing time here; we confirm current timelines with you at the consultation.

Our step-by-step desk order divorce guide covers exactly what goes in the package.

Stage 5: the 31-day rule (fixed)

Granting the order is not quite the end. Under s. 12(1) of the Divorce Act, "a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered." That waiting period exists in every case, and it matters most if you plan to remarry: you are not divorced until the 31st day, and you will want a Certificate of Divorce, which the court issues on request once the divorce has taken effect (s. 12(7)).

What is fixed and what varies

Fixed by statute or rule:

• 1 year of living separate and apart, for the separation ground (s. 8)
• 30 days to respond after service in Canada (Rule 4-3)
• 31st day after the order, when the divorce takes effect (s. 12(1))

Variable, and where preparation pays off:

• Reaching agreement and gathering documents, including your marriage certificate
• Arranging personal service, in a sole application
• The registry's review of the Rule 10-10 desk order package

Frequently asked questions

Can I file for divorce before we have been separated for a full year?

Yes. The application can be filed before the year of living separate and apart is complete; the court grants the divorce once the full year has passed. Filing early lets the paperwork and the separation year run at the same time.

When is my divorce actually final?

On the 31st day after the day the divorce order is granted (Divorce Act, s. 12(1)). If you plan to remarry, request a Certificate of Divorce once it has taken effect.

Do I have to go to court for an uncontested divorce?

No. An undefended divorce proceeds by desk order under Rule 10-10: a judge reviews the Form F35 requisition and Form F38 affidavit in chambers and can grant the order without you or a lawyer attending. Our 5-step guide to getting divorced in BC shows where the desk order fits in the overall process.

How long will the registry take to process my desk order package?

It varies by registry and workload, and there is no fixed statutory period for this stage. Rather than quote a figure that may be stale by the time you read it, we confirm current registry timelines at your consultation and build them into the plan.

Get a realistic timeline for your situation

Once we know your separation date, whether you will file jointly or alone, and whether children are involved, we can map your dates with real precision. SiLaw Group handles simple uncontested desk order divorces for a flat fee of $2,200 plus GST and PST (as of August 2026), with court filing fees separate. The first 30 minutes are free, in English or Punjabi.

Book a free consultation or call (778) 381-9977.

This post is legal information, not legal advice.