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Family > Joint & Uncontested Divorce

Joint & Uncontested Divorce

Divorce doesn’t always have to be adversarial. If both spouses agree on key issues, a joint or uncontested divorce can be faster, less costly, and less stressful. At GBC Law, we guide clients through the process with clarity and compassion.

What is a Joint Divorce?

A joint divorce is when both spouses file the application together, agreeing on all terms (property, support, children).

What is an Uncontested Divorce?

An uncontested divorce is when one spouse files, and the other does not oppose or contest the application.

Why Choose These Options?

Saves time and money compared to contested divorces
Reduces conflict, especially important when children are involved
Provides closure with less stress

Frequently Asked Questions

How long does a joint or uncontested divorce take?
It usually takes around 2 to 4 months once your documents are filed with the court, though the timeline depends on how busy the court registry is and whether your paperwork is complete. If there are errors or missing details in your application, the process can take much longer. Having a lawyer prepare or review your documents helps avoid delays.
Will I need to show up in court?
In most joint or uncontested divorces, you don’t have to attend court. The judge reviews the documents you file and, if everything is in order, grants the divorce without a hearing. However, if there are issues with your documents or questions about parenting arrangements or support, the court may ask for clarification.
When can I file for divorce?
To file for divorce in BC, at least one spouse must have lived in the province for 12 months before starting the case. Most divorces are granted after spouses have lived separate and apart for at least one year, which is the most common ground. The Divorce Act also allows you to apply sooner if you can prove adultery or cruelty, but those grounds are less common because they require evidence.
Can we still use one lawyer for a joint divorce?
One lawyer can prepare and file the paperwork for both of you in a joint divorce, but that lawyer cannot give legal advice to both spouses. This works best when you’ve already agreed on all the issues. If there are complex assets, unequal bargaining power, or concerns about fairness, it’s safer for each of you to get independent legal advice before signing.