UNCONTESTED DIVORCE IN ALBERTA

What is an Uncontested Divorce? 

An uncontested divorce in Alberta is when the parties are in agreement in relation to all of the following  issues which need to be resolved before being able to obtain a divorce. 

• Property and Debt Division; 

• Spousal Support; 

• Child Support; and

• Child Custody. 

If you are in agreement in relation to all the above matters, you can obtain a Desk Divorce from Alberta's Court of Queen's Bench. 

What is a Desk Order Divorce or an Uncontested Divorce in Alberta? 

The desk order divorce is the process by which you can avoid having to appear before a judge to obtain your divorce. It requires that all marital issues are resolved or settled, and the only relief applied for is a simple divorce. 

Below are two situations where this can happen:  

1. You apply for divorce and other orders based on your settlement with your spouse, where your spouse does not provide a Response to your Notice of Family Claim; 

1. You and your spouse jointly apply for an uncontested divorce; The first option is mostly used to obtain an uncontested divorce. 

The second option is rarely used by lawyers, as it complicates the matters whereby courts are hesitant to grant a joint divorce due to any conflict of interest issues.