When you’re facing divorce, it’s an emotional time in your life. But as we discussed in our earlier post, “How to Have an Amicable Divorce”, not all divorces have to be a battle.
You might be fortunate enough to have a good enough relationship with your partner where you are both willing to agree on the terms of their divorce. Where this happens, your divorce may proceed as an uncontested divorce.
How is an uncontested divorce defined?
An uncontested divorce, or amicable divorce, is where neither party objects to the divorce. The parties will have come to an agreement in relation to any custody issues, access and support.
The parties make the decisions about custody, access and support themselves, rather than asking the court to decide for them.
It means there’s no need to appear before a judge. One party will still need to be the applying party for the divorce.
What is the Difference Between Joint Divorce and Uncontested Divorce in Alberta?
While the terms "joint divorce" and "uncontested divorce" are sometimes used interchangeably, they have different meanings in Alberta. The main distinction lies in how the application is filed and the level of collaboration. A joint divorce is a mutual effort from start to finish, while an uncontested divorce involves only one party initiating the process with the other party's consent.
Make sure you discuss your specific situation with a lawyer to get the correct legal advice.
Who can obtain an uncontested divorce?
The parties must show that their relationship has broken down. A common way of proving this is that parties have been separated for at least one year. If this is not the grounds for divorce, alternative grounds for divorce include adultery or mental or physical cruelty.
In addition, one of the parties to the divorce must be living in Alberta for at least a year.
If there are children of the marriage, the parties must come to an agreement about the care and support of the children.
Benefits of an Uncontested Divorce
Opting for an uncontested divorce in Alberta has several advantages, including:
- Cost Efficiency: Since there is no court litigation involved, legal fees are significantly reduced.
- Faster Resolution: Without disputes to settle in court, the process is much quicker, often taking only a few months.
- Less Stress: Agreeing on key issues amicably minimizes emotional strain on both parties.
- Privacy: Uncontested divorces typically don’t require court appearances, keeping personal matters private.
What is a desk divorce?
A desk divorce is another way of saying uncontested divorce. It refers to the fact that the divorce paperwork is handled at the desk of the judge, meaning a court appearance is not required.
This means for the parties involved, the divorce process can be cheaper, more efficient and more amicable for everyone involved.
How long does an uncontested divorce take?
The uncontested divorce process takes around 3 months, in our experience. This means that from the date the paperwork is lodged, the court will take about 3 months to return the filed divorce judgment.
What Are the Steps of Getting an Uncontested Divorce in Alberta?
An uncontested divorce involves a clear process in Alberta, as outlined below:
- Filing the Application: One spouse, referred to as the applicant, files a divorce application with the court. This document outlines that the divorce is uncontested and includes agreements on all relevant matters.
- Serving the Papers: The other spouse, referred to as the respondent, is served with the application. They can either sign a consent order or simply not contest the terms.
- Waiting Period: After filing, there is a waiting period of at least one year of separation for most couples, unless exceptions such as adultery or cruelty apply.
- Submitting Final Documents: The applicant submits final paperwork, including an affidavit confirming the agreement and a draft divorce judgment.
- Approval and Divorce Certificate: A judge reviews the documents, and if everything is in order, they issue a divorce judgment. Once 31 days pass after this judgment, the couple can request a certificate of divorce.
Each step must be completed accurately to ensure the process runs smoothly. Hiring an experienced family lawyer can help streamline the process and avoid delays.
What costs are involved?
The cost for an uncontested divorce will be much less expensive than a contested divorce. The Court of King’s Bench in Alberta has a commencement fee for filing your statement of claim to start the divorce process, which is $260. Fees for legal representation will vary by law firm and sometimes the experience of your lawyer.
We always recommend getting legal advice to make sure that your interests, financial future and children get the best result from your divorce. Contact Richmond Tymchuk Family Law to help make your divorce painless and efficient.
