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To get divorced, one spouse has to sue the other for a divorce order. You can't just agree to it. And to get a court order, you must start a court proceeding, just as if you were suing someone after a car crash, suing your employer for firing you, or suing your neighbour for building a fence on your side of the property line. The court you must start your proceeding in is the [https://www.bccourts.ca/supreme_court/ Supreme Court], as the [https://www.provincialcourt.bc.ca Provincial Court] doesn't have the jurisdiction to make orders under the ''[[Divorce Act]]''.
===Criteria Basic requirements to apply for a divorce get divorced===
If you want to get a divorce divorced in British Columbia, you must first be able to satisfy three conditions:.
*'''You must be legally married. If your marriage was legally valid in the place you got married, it counts as a legal marriage in BC. ''' To prove you were legally married , you will 'll need to provide a marriage certificate issued in the country where you were married. (If your marriage was valid in the place you got married, it counts as a legal marriage in British Columbia.) If you can't get a marriage certificate, you'll need to find witnesses who saw you get married. These witnesses will need to either testify or swear an affidavit saying say that they saw you get married. *Generally, you '''You or your spouse must live in BC British Columbia, and have lived here for at least a year. ''' The one exception to this rule is if you were married in BC, and British Columbia but you lived live somewhere in the last year that wouldnwon't let you get divorced. If you take advantage of this exception, you can only get a divorce in BC. Claims about children, property division, and child and spousal support must which might be dealt with where the case if you and your spouse married someone of the same gender but livein a country that doesn't recognize same-sex marriage. *'''You must prove that your marriage has broken down.''' You can prove this by showing that you have been separated from your spouse for a year, or that your spouse treated abused you cruelly, or that your spouse had sex with someone else.
==The grounds for divorce=Marriage breakdown===
Under the federal ''[[Divorce Act]]'' there is really only one reason why you can apply for a divorce order, ''your marriage breakdown''has broken down. Under section 8 (2) of the act, there are three reasons why ways to prove that your marriage breakdown may have occurredhas broken down:
#the intentional separation of the spouses you and your spouse have lived separate and apart for at least one year,;#the your spouse has committed adultery of a spouse, and; or,#one your spouse's treatment of the other has treated you with such physical or mental or physical cruelty that it is impossible you cannot continue to continue the marriagelive together.
In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. ''No-fault'', in this context, means that the reasons for marriage breakdown have nothing at all to do with the court's consideration of issues like custody and support. No matter how upset someone is by a spouse's misbehaviour, it will have no impact on how the legal issues are addressed.