Getting A Desk Divorce In Alberta
The reality of life today is that many marriages do not succeed until “death due us part”. Desk divorces offer an alternative to drawn out, expensive legal battles. Desk divorces in Alberta can be inexpensive and less stressful. Frequently, these divorces take a short period of time to conclude. All applicant must follow the set out processes and procedures. As a result, lawyers help avoid delays with these dissolution of marriages. The desk divorce lawyers at Kahane Law Office in Calgary, Alberta help. Call today 403-225-8810.
What Is A Desk Divorce?
Another name for a desk divorce includes the term “uncontested divorce”. Desk divorces are a way of getting a divorce in Alberta that does not involve a court appearance. It is because the paperwork is looked at by a judge outside the courtroom, at his or her desk, that is why it is referred to as a desk divorce. This process puts a legal end to your marriage. Basically no issues exist that the couple continues to fight over.
Qualifications For A Desk Divorce In Alberta
There are certain requirements that must be met in order to qualify for this type of divorce. For example, in order to get a one in Alberta you must:
- have resided in Alberta for the past 12 or more months;
- be in agreement with your spouse with respect to spousal support;
- have agreement with your spouse with respect concerning property, assets and debts; and lastly
- be in agreement with your spouse with respect to access and child support, if you have dependent children.
How The Court Knows Your Divorce Details
In a desk divorce, the court will review your claim. We draft and submit this claim on your behalf. It contains all the details and terms requested in the court order. In addition to your claim, you have to file an affidavit. It is this sworn affidavit that contains the “evidence” that the judge will consider in granting the divorce. Unless there is something extremely unreasonable, and your spouse does not contest the divorce, what you are asking for or the affidavit, then the divorce will generally be granted.
What Is A Contested Divorce?
A contested divorce is, in many ways, opposite to a desk divorce. As above, a desk divorce can only happen if both parties agree to all the terms of the divorce settlement. Sometimes one party applies for a desk divorce in Alberta and then, once they are served with documents, the other party decides that they do not agree with the terms. When this happens, you will likely need to retain a divorce lawyer to continue with your action.
The Role Of A Lawyer In A Desk Divorce
The role of a lawyer in a desk divorce is straight forward. Many of these aspects are only attainable from a lawyer who is familiar with divorce law. We ensure you understand your rights and obligations before agreeing to the divorce terms. When hiring a divorce lawyer to legally end your marriage, included in you flat rate fee is:
- Legal advice on divorce law;
- Advice on division of matrimonial property law;
- Legal advice on spousal support;
- Child support advice and information; and lastly
- Legal advice on custody matters.
A lawyers role is to give you your options, the law and help you understand the consequences of any actions taken during the divorce (this is also called legal advice). It is then up to our client to make a decision about how they want to move forward. Our lawyers do not try to create friction or fights between the spouses. As long as no external pressure to settle exist, we think clients get to decide on the settlement terms after receiving an explanation of family law in Alberta.
Do I Need To Hire A Lawyer?
A person can petition to get a divorce without a lawyer. Most people find that it is easier, less stressful and less time consuming to hire a lawyer to make the application given the low cost for doing so. The desk divorce lawyers at Kahane Law Office are able to give you proper legal advice about your situation, your obligations and your entitlements under the law. The cost of fixing unfavorable judgments because you did not get legal advice is very high. The value of getting proper legal advice is not only invaluable, but included in the low flat rate fees for a desk divorce.
Lawyers To Help With Your Desk Divorce
We help to quickly, easily and affordably end your marriage. To schedule a desk divorce consultation with a member of our family law team, please contact our experienced team at Kahane Law Office in Calgary, Alberta. Reach us for help at 403-225-8810 or toll-free at 1-877-225-8817 or email us directly here.