Legal Question in Family Law in Canada

I live in British Columbia, Canada. I have been separated for 10 years. We have a 19 year old child. We have never had a legal custody order or child support order in place with the courts. I would like to file for divorce. My wife is not seeking child support (nor has she ever). Can we jointly file a hassle free, no-contest divorce now that my child is over the age of majority, without complications? She has no problem with this, but will the court? Would i have to show that i have paid child support for the past 10 years even if there will be no claim for extended child support from my wife? She would not argue a no-contest divorce.


Asked on 3/08/11, 1:25 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

If the child is not in any way disabled and is not attending post-secondary education, and is not otherwise able to withdraw from parental care, there should be little difficulty in obtaining a divorce. Because the right to support belongs to the child and not to the parent, your child may however have a right to claim support he/she never received.

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Answered on 3/08/11, 3:47 pm


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