Myth Buster: Does Serving Documents Make a Divorce Contested?
No. A very common misconception in BC is that having to formally serve divorce papers on your spouse automatically makes the divorce “contested.”
In British Columbia, you can easily have an uncontested divorce even though the other spouse must be formally served. Service is simply a procedural step confirming your spouse received the application—it says nothing about whether they disagree with it. As long as your spouse does not file a response disputing the terms, your divorce remains uncontested and can proceed as a desk order.
So Which Path Is Right for You?
If you and your spouse agree—or are close to agreeing—on parenting, support, and property, the uncontested route will almost always save you time, money, and stress. If you are not there yet, mediation is still the fastest way to find out what is genuinely in dispute and what is simply a misunderstanding.
At FMC we handle both halves of that process: Daniel mediates the agreement, and our in-house paralegal team prepares and files the paperwork that finalizes your divorce—without either spouse setting foot in a courtroom.
