Uncontested divorces are also referred to as no contest divorce, joint divorce or desk divorces. We refer to them as desk divorces in Calgary as you do not have to appear in front of a judge. Instead, your application for divorce is dealt with at the judge’s desk. The Alberta government sets out the rules for the courts for Family Law processes. The uncontested divorce lawyers at both the Kahane Law Office in Calgary and Edmonton, Alberta offices help you during this life transition. Call 403-225-8810.
What Is An Uncontested Divorce?
An uncontested divorce is type of divorce where there are no matters in dispute between the married couple. They have recognized that they are not compatible and no longer wish to remain married. When people chose to work together to divorce, it is generally a functional formality of ending their legal marriage. An uncontested divorce is a more affordable divorce option. The only way of divorcing that can be considered more amicable is a joint divorce.
What Issues Require Resolution For An Uncontested Divorce?
As a desk divorce includes no contested issues. Specifically, no outstanding matters may exist for the court to decide on. You and your soon to be former spouse already decided on all issues stemming from the end of your relationship. For example, these include:
- Division of matrimonial property;
- Spousal support or alimony;
- Child support; and lastly
- Child access and child custody
Advantages Of An Uncontested Divorce
With most legal decisions, understanding the benefits and challenges is key. While others exist, we identify three main advantages to a desk divorce. For example, the benefits include:
Cost of a desk divorce
An uncontested divorce can be considerable less expensive than a contested divorce. Lawyers generally bill fees based on the time spent. In spending hours talking to clients, reading and drafting letters and negotiating settlements, a lawyer has to spend more time. With an uncontested divorce there is none of that. Discussing, drafting letters, negotiating, re-drafting agreements, etc can be very time consuming (not to mention emotionally draining and frustrating for our clients) With an uncontested divorce, we know how much time will be spent and can set a flat rate fee to complete the divorce for you.
Children in an uncontested divorce
Whenever couples can reach a fair agreement as to all issues in a divorce without hiring a lawyer or going to court, they maintain a much better relationship. This is most important when children are involved. Sometimes there is just an issue or two that we resolve quickly just by letting clients know their legal position. Often, uncontested divorces are easier on children as the emotional state in their home(s) is more relaxed and there is less conflict.
Time frames for no contest divorces
While desk divorces often sit on judge’s desk for a few weeks for review, it is a much quicker process than when you require many court applications under a contested divorces. Setting court dates takes time. You have to work around the courts schedules as well as the schedule of two lawyers. Uncontested divorces avoids this issue entirely.
A Lawyer Looks Over Your Uncontested Divorce
The advantage of Kahane Law office for your uncontested divorce in Albert is that you will have a lawyer with you for guidance during the whole process. This means that we let you know your legal position and you decide if the agreed upon divorce is acceptable to you. It is very important to know what your legal position is before you agree to sign documentation. In addition, if served with documents, even doing nothing impacts your rights and potential outcomes. Only lawyers can give you legal advice on your uncontested divorce. we include this legal advice in your flat rate fee at Kahane Law Office.
Requirements For A Desk Divorce In Alberta
As with all legal processes, ensuring you meet all procedural requirements helps ensure your matter proceeds as planned. Several requirements need meeting in order for the Courts in Alberta to grant a desk divorce. For example, these requirements include,
Break down of the marriage
For the court to grant a divorced in Alberta, you must demonstrate a breakdown of the marriage relationship. This is typically done in a uncontested divorce situation by swearing that the couple has lived separate and apart for one year. We often start the process before the expiry of the year. In this case, the court only grants the divorce after the year mark passes.
No disputes -no contest
As stated, in order to receive an uncontested divorce, you must have no outstanding issues that you wish the court to determine. This means that if you have decided on everything but one thing that is important to both of you, this process may not be right for you.
Alberta residency for divorce
One of the parties to the divorce needs Alberta residency in order to secure the court’s jurisdiction to issue a divorce in Alberta. For Alberta residency, either of you must have lived in Alberta for the past year. That person must also live in Alberta until the filing of the Statement of Claim for divorce at the courthouse.
Marriage certificate & photo
A requirement exists for an original marriage certificate. The jurisdiction in which your marriage occurred issues these certificates. This helps ensure that the Courts legally end the correct marriage. We also require a photo of the spouse who has not retained us to apply for the desk divorce. Again, this ensures correct service on the right person and assures the courts the person is aware of the divorce proceeding.
Know Your Rights In A Desk Divorce
We do not advocate creating disputes where there are none. It is very important, for divorcing couples to know their legal rights. If you decide to proceed to with an uncontested divorce, know which rights and obligations apply to you, then make your decision.
Other Considerations With An Uncontested Divorce
We strongly encourage clients to enter into a separation agreement prior to completing the desk divorce. There are two reasons for this. First, if at some point someone changes their mind during the one year living separate, it is better to have a written agreement in place. Second, not all issues are specifically set out in an uncontested divorce. A better solution includes a detailed separation agreement so that the other party no longer is in a position to raise additional issues.
Flat Rate Fees
Call us now to learn about our flat rate fees. Uncontested divorces do not have to be costly. Uncontested divorces in marriages including children cost a little more. This is due to the extra work required for satisfy the court that there are no outstanding issues with respect to the children as between the parents. If you cannot locate your ex, you may need a substitutional service order. This is an additional court application and is not included in our flat rate fee.
Getting An Uncontested Divorce Lawyer In Calgary
Get the help you need when you need it. To schedule a consultation with a member of our divorce law team to start your uncontested divorce, please contact our experienced team at Kahane Law Office. You can reach us in Calgary at 403-225-8810 or Edmonton via our toll-free at 1-877-225-8817, or email us directly here.