An uncontested divorce, sometimes called a desk divorce, is a type of divorce without the need for substantial court intervention. Unlike contested divorces, where couples disagree on various issues such as division of assets, child custody, or spousal support, in an uncontested divorce, both parties are in agreement on all terms related to the dissolution of their marriage. This streamlined process typically leads to a quicker and less expensive divorce compared to contested proceedings.

No matter what your situation, we’re here to help. Our knowledgeable divorce lawyers will be with you every step of the way, assisting with all the legalities of your divorce to ensure a quick and stress-free process.

If you want to initiate an uncontested divorce, you (the applicant) must file a Statement of Claim for Divorce with the Court of the King’s Bench. Along with this document, you must also file relevant supporting documents, such as a draft copy of the proposed divorce judgment and any necessary affidavits. While you submit all the documentation, your spouse needs to be served with all these documents and has the opportunity to respond within a specified timeframe.

If your spouse agrees with the terms outlined in the Statement of Claim, they can file a Demand for Notice, indicating their consent to the divorce and agreement with the proposed terms. Once this step is completed, the divorce can proceed without the need for a court hearing, provided all legal requirements are met.

To qualify for an uncontested divorce in Alberta, both you and your spouse must meet certain legal requirements.

At least one of the spouses must be a resident of Alberta for at least one year preceding the divorce application. This residency requirement is essential to establish the jurisdiction of the Alberta courts in handling the divorce case.

There must also be grounds for divorce attesting to the fact that the marriage has irretrievably broken down. This breakdown is typically demonstrated by living separate and apart for a continuous period of at least one year, with no reasonable prospect of reconciliation. Living separately and apart can occur under the same roof if you are not cohabiting as a couple during that time.

One of the fundamental requirements for an uncontested divorce is that both you and your spouse must be in complete agreement on all major issues pertaining to the divorce. This includes but is not limited to the fair division of property and debts, arrangements for child custody and access, child support, and spousal support if applicable.

Any disagreements on these matters could result in the divorce being classified as contested, necessitating a different legal process.

The main difference between a contested and uncontested divorce lies in the level of agreement between the spouses regarding the terms of the divorce. In a contested divorce, spouses are unable to reach an agreement on critical issues, leading to prolonged court proceedings and potentially contentious legal battles. On the other hand, in an uncontested divorce, both parties are in agreement on all relevant matters, allowing for a smoother and more efficient process.

While both uncontested and joint divorces involve mutual agreement between spouses, there is a subtle difference between the two. In an uncontested divorce, one spouse initiates the legal proceedings by filing a Statement of Claim for Divorce, which the other spouse then responds to. In a joint divorce, however, both spouses file the divorce application together, signifying their joint agreement to end the marriage and their mutual consent to the terms of the divorce.

Deciding whether an uncontested divorce is the right choice for you requires careful consideration of your specific circumstances, the level of cooperation between you and your spouse, and your ability to reach agreements on key issues.

A separation agreement is a legally binding document that outlines the terms of separation between spouses, including matters such as division of assets and debts, child custody and access, child support, and spousal support. It is often prepared and signed by both spouses and while it is not a requirement for divorce, it can provide a framework for an uncontested divorce by resolving key issues in advance.

To initiate an uncontested divorce in Alberta, the uncontested divorce process involves several steps.

The duration of an uncontested divorce in Alberta varies based on factors such as court processing times, case complexity, and the efficiency of communication between the parties. Generally quicker than contested divorces, uncontested proceedings are often finalized within a few months from initiation.

While uncontested divorces may seem straightforward, it can still be a good idea to seek legal advice to ensure that your rights and interests are protected. Our experienced divorce lawyers will guide you through the whole divorce proceeding, help you negotiate a fair settlement, review divorce paperwork, and ensure that all necessary steps are followed to obtain a smooth and efficient divorce. We can also help you contest a filed divorce judgement if there are any errors or changes in the final judgement.

We understand that getting a divorce is not a great experience and one you’d like to get over swiftly. Having one of our divorce lawyers on your side will give you peace of mind, knowing that all the details are taken care of so that you can start your new life as soon as possible.