No, it is not necessary to go to court to separate or divorce. If you are married and you want to divorce, you must file documents with the court. This does not mean you will have a trial. More than half of all separations and divorces in BC are settled without going to a trial
In British Columbia, only the Supreme Court of British Columbia can grant a divorce (not the BC Provincial Court). There are certain criteria that must be met for a court to grant a divorce. Learn more about divorce requirements.
If you are just getting started with separation or divorce, LawCoachBC provides free legal help services so that you can understand the process, your options and hopefully settle without going to trial. You can learn more about separating by taking the free How to Separate Course. You can register for the free course called Parenting After Separation.
If you and your former spouse have worked out the key issues related to your separation or divorce, you can complete this Online Separation Agreement. Once completed, it can be filed with your court documents.
If you and your spouse are ready to file for divorce together, you can use the BC Government’s Online Divorce Assistance to complete the forms that you need to file for divorce: