15 // DIY Divorce in BC vs. Hiring a Lawyer: How to Choose the Right Path

More British Columbians are exploring alternatives to traditional divorce. Instead of hiring a lawyer to handle everything—or going through stressful court battles—many are choosing the DIY Divorce route. With the right preparation and support, this can be an empowering way to take control of your separation process.

But how do you know if a DIY Divorce is right for you, or if hiring a lawyer is the safer option? Here are seven key questions to guide your decision.

1. Have You Been Separated for at Least One Year?

In Canada, you must be separated for at least 12 months before filing for divorce. Separation can mean living in different homes—or even under the same roof if you’ve made the decision to live “separate and apart.”

• ✅ Already separated for one year? DIY Divorce in BC could be possible.

• ⚖️ Not yet? A family lawyer can help you explore interim options.

2. Do You Have a Legally Binding Separation Agreement?

Courts want to see a comprehensive separation agreement when children, property, or debts are involved. This should include:

• Parenting time and decision-making responsibilities

• Child support (based on Federal Child Support Guidelines)

• Spousal support (or a written waiver)

• Division of property and debt

  
  

  ✅ With a strong agreement in place, DIY Divorce may work.

  ⚖️ Without one, mediation or a lawyer can help draft a legally sound agreement.

3. Have You Received Independent Legal Advice (ILA)?

Even if your split is amicable, independent legal advice protects you. It ensures you fully understand your rights and that your agreement is enforceable.

✅ If both spouses have ILA, DIY Divorce is more realistic.

⚖️ Without ILA, it’s smart to consult a lawyer before filing.

4. Do You Have Dependent Children?

When children are involved, the court will closely review custody, parenting, and child support arrangements. The standard is always the “best interests of the child.”

✅ A solid parenting plan and support agreement may allow DIY Divorce.

⚖️ Still negotiating parenting issues? A mediator or collaborative lawyer can help.

5. Is Family Violence a Factor?

Family violence includes not just physical harm but also emotional abuse, financial control, threats, or intimidation.

⚖️ In these situations, DIY Divorce is not appropriate. It may even be unsafe. Speak to a lawyer right away and make a safety plan.

6. Do You Know Where Your Spouse Is (and Can They Be Served)?

To finalize divorce in BC, your spouse must be formally “served” with the paperwork.

✅ If service is straightforward, DIY Divorce may work.

⚖️ If your spouse’s location is unknown or they’re avoiding service, legal assistance is essential.

7. Are You Comfortable With Paperwork and Court Filing?

DIY Divorce in BC requires filling out forms correctly, swearing affidavits, and filing at the court registry.

✅ If you’re organized and detail-oriented, DIY could suit you.

⚖️ If paperwork feels overwhelming, hiring a lawyer may save time and stress.

DIY Divorce in BC vs. Hiring a Lawyer: Making the Choice

If you answered “yes” to most of the DIY criteria, you may be ready to move forward with an uncontested divorce in BC on your own. Tools like our DIY Divorce e-course provide step-by-step guidance, checklists, and templates to make the process smoother.

If you answered “no” to several questions—or have concerns about safety, children, or complex financial matters—hiring a divorce lawyer is likely the safer option. Sometimes, investing in professional guidance is the best way to protect your rights and future.

💡 Final Thoughts & Next Steps

If you feel confident that a DIY Divorce is the right path for you, our DIY Divorce e-course will give you the step-by-step guidance, checklists, and templates you need to complete the process without unnecessary stress or cost.

Not quite sure yet? Use our free self-check guide or book a consultation with our Abbotsford team and we’ll help you decide whether DIY, mediation, or a lawyer-assisted process is the safest and most effective option for your situation.

👉 Take the first step today—whether that’s learning more about the course or scheduling a call, your future self will thank you.

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⚠️ Legal Disclaimer

This blog provides general information only and does not constitute legal advice. Divorce and separation in BC involve complex legal rights and obligations. Always seek independent legal advice from a qualified family lawyer before making decisions about your situation.