Do I Have to Go to Court for a Divorce in Alberta?

This answer covers the law of Alberta.

Not always. In Alberta, an uncontested divorce can often be granted on paper alone, without you or your spouse appearing, through what is called a desk divorce. A desk divorce is available where both parties consent, or where the defendant has not filed a defence or demand for notice and has been noted in default, among other situations.

You apply with a Request for Divorce, a supporting affidavit, a proposed Divorce Judgment and a Desk Divorce Package Checklist, which is mandatory. The Court's uncontested forms cover only divorces where parenting, decision-making and support are settled, and they do not deal with property division. If you are representing yourself, your consent must be accompanied by an affidavit of execution.

A hearing is required only if the Court orders it, because a judge can direct an appearance, require further evidence, or send you to a trial on oral evidence. After the judgment is granted, the divorce takes effect on the thirty-first day after it is rendered, unless the Court fixes an earlier date for special circumstances when the spouses agree not to appeal or any appeal has been abandoned, and a pending appeal can delay it. Whether the paper route fits your situation depends on your facts, so a lawyer can confirm.