What is an Uncontested Divorce in Alberta?
In Alberta – an uncontested divorce is defined as a desk order divorce where neither party refutes or contests the divorce. An uncontested divorce means you and your spouse are in mutual agreement to a set of proposed terms of the divorce. The proposed terms are legally considered free and fair and that there was no undue pressure put on any party while the agreement was being made. At the minimum both parties agree on the grounds for the breakdown of marriage, child custody matters, spousal support matters and division of property matters. Additionally, you do not have to appear before a judge to process your divorce. A judge will review the agreement and grant divorce in what is called a desk divorce. An uncontested divorce is a very seamless way to process a divorce so long as both parties are amicable and agree to make it as swift and seamless as possible.
While most divorces present unique circumstances – we recommend you speak with an Alberta divorce lawyer to see if you meet the standard requirements for an un-contested divorce. Even with uncontested divorces we recommend you hire a lawyer to ensure the legal rights of both parties are protected.
You may qualify for uncontested divorce in Alberta if you and your spouse:
- have lived separately for the last 12 months;
- agree to all matters concerning property, assets and debts;
- are in agreement with spousal support if it is relevant;
- are in agreement with custody, access and child support if applicable; and
- one of you have lived in Alberta for the past twelve months.
The Pros and Cons of An Uncontested Divorce
Most uncontested divorces allow both parties to terminate their marriage with quietly, swiftly and with dignity. Another benefit is that it costs significantly less to pursue this route as opposed to lengthy drawn out divorce proceedings. Because the chances for conflict is already low – uncontested divorces allow each party to keep most of their money in their pockets.
On the other hand – uncontested divorces are never recommended if either party are not able to resolve issues amicably or without fighting. In other cases, if one party is known to be more manipulative than the other party then we recommend you do not pursue this route and hire a divorce lawyer to ensure your rights are protected.
Speak with an Edmonton Divorce Lawyer Regarding your Uncontested Divorce
Contact our law firm today by dialing 587-410-2500 and book a consultation with a member of our legal team if you need legal assistance regarding your uncontested divorce. Our legal team has assisted thousands of Albertans with their divorce proceedings no matter how contentious or amicable the divorce proceedings were. Don’t delay and call our office today and let us help you with your divorce’s legal needs.
Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce lawyer from Alberta if you have a question pertaining to joint divorces in Alberta or require legal assistance.