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14 // Is DIY Divorce Right for Me?

7 Questions to Ask Before You Start the Process in BC

By Clarity Family Law, Abbotsford, BC



More and more British Columbians are choosing to handle their divorce without going to court or hiring a lawyer to manage the entire process. With the right information, organization, and cooperation from your spouse, a DIY divorce can be a cost-effective, empowering way to move forward—on your own terms.


But how do you know if this option is right for you?

Before you decide, here are 7 essential questions to ask yourself—and how our DIY Divorce online course can help guide you step by step through the process.


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

To file for divorce in Canada, you must prove that your marriage has broken down. This usually means you and your spouse have lived separate and apart for at least 12 months.

  • You can be separated even if you live under the same roof, as long as it’s clear you are no longer living as a couple.

  • If you attempt reconciliation, it can last up to 90 days without restarting the 12-month clock. Longer than that, and the timeline resets.

✅ If you haven’t yet reached one year of separation, you’ll need to wait before applying for divorce.


2. Do You Have a Comprehensive Written Separation Agreement?

If you share children, property, or debt, the court expects a written separation agreement that includes:

  • Parenting time and decision-making

  • Child support arrangements

  • Spousal support (or a waiver if not applicable)

  • Division of property and debt

This agreement must follow the Divorce Act, Family Law Act, and the Federal Child Support Guidelines.


NOTE: 👉 Our DIY Divorce course assumes you already have a valid separation agreement in place. While some couples try to draft their own, missing key details can cause long-term problems—even after divorce is granted. It’s best to have a lawyer prepare or review your agreement first.


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

Even in an amicable separation, independent legal advice is essential. A lawyer can ensure:

  • You fully understand your rights and responsibilities

  • You aren’t being pressured or misled

  • Your agreement is fair and enforceable

In BC, courts often expect confirmation that both parties received ILA—especially if children or property are involved.


4. Do You Have Dependent Children?

If you have children under 19, or adult children who are still financially dependent, your agreement must clearly cover:

  • Parenting schedules

  • Parental decision-making

  • Child support that meets federal guidelines

If you don’t have dependent children, you can still apply for divorce without a written agreement. However, doing so may limit your ability to later claim spousal support or property division.



5. Is Family Violence a Concern?

Family violence goes beyond physical harm. It can also include:

  • Emotional or verbal abuse

  • Financial control

  • Isolation

  • Threats or intimidation


⚠️ If there’s any risk of family violence, a DIY divorce is not safe or appropriate. In these cases, it’s critical to consult a lawyer to create a safety plan.



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

To finalize your divorce, you must “serve” your spouse with the proper court documents.

  • If you know their location, this is straightforward (our course walks you through hiring a process server and filing proof of service).

  • If you don’t know where they are—or if they’re likely to avoid being served—you may need legal help before proceeding.


7. Are You Organized and Comfortable with Paperwork?

DIY divorce involves careful paperwork, including:

  • Filling out and filing Supreme Court forms

  • Swearing affidavits

  • Serving documents correctly

  • Meeting court deadlines

Mistakes can cause delays or rejection of your application. That’s why our DIY Divorce e-course provides checklists, video instructions, and templates to keep you on track.





Ready to Take the Next Step?

Our DIY Divorce online course is designed specifically for BC residents who:

✅ Have been separated for at least one year

✅ Have a legally valid separation agreement

✅ Have no history of family violence

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✅ Are filing for an uncontested divorce


We help you:

  • Understand the process clearly

  • Complete your paperwork correctly

  • Avoid common mistakes and court delays

  • Save money while staying in control of your outcome




Still not sure if DIY divorce is right for you? Contact our Abbotsford office to book a consultation. We’ll help you choose the safest, most effective path forward.



 
 
 
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