Uncontested divorces are also referred to as no contest divorce, joint divorce or desk divorces. They are called 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 Kahane Law Office in Calgary, Alberta can help 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 issue need to be resolved for an uncontested divorce?
As a desk divorce is uncontested, there can be no outstanding matters for the court to decide on. These include:
- Division of matrimonial property
- Spousal support or alimony
- Child support
- Child access and child custody
Advantages of an Uncontested Divorce
There are three main advantages to a desk divorce
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 can sit on judge’s desk for a few weeks to be reviewed, it is a much quicker process than when many court applications are required for 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.
You will have a lawyer overlook your uncontested divorce
The advantage of Kahane Law office for your uncontested divorce in Albert as that you will have a lawyer with you for guidance during the whole process. This means that we will let you know your legal position and you will 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 anything. Only lawyers can give you legal advice on your uncontested divorce. This legal advice is included in your flat rate fee at Kahane Law Office.
Requirements for a Desk Divorce in Alberta
Break down of the marriage
In order to get divorced in Alberta, you must demonstrate that there is a breakdown of the marriage. This is typically done in a uncontested divorce situation by swearing that the couple has lived separate and apart for one year. We can start the process before the year is up but the divorce will not be granted until after.
No disputes -no contest
As stated, in order to be granted 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
In order to get divorced in Alberta, you or your spouse, must be an Alberta resident. To be one, either of you must have lived in Alberta for the past year. That person must also live in Alberta until the Statement of Claim for divorce is filed.
Marriage certificate & photo
An original marriage certificate is needed. It can be issued by whichever jurisdiction you were married in. We also require a photo of the spouse who has not retained us to apply for the desk divorce.
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 things to consider 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. It is better to have a detailed separation agreement in place so that there can be no future issue raised.
Flat Rate Fees
Call us now to learn about our flat rate fees. Uncontested divorces do not have to be costly. There is a slightly higher cost for uncontested divorces where children are involved. 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
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 toll-free at 1-877-225-8817, or email us directly here.