What Is a Desk Divorce in Alberta? How the Written Process Works

If you and your spouse agree on the key issues, or your spouse has not responded to your divorce claim, you may hope to avoid a courtroom. In Alberta, that written route is often called a desk divorce.

This article explains what a desk divorce is, who can use it, what goes into the application, and what can still lead a judge to ask for more. It is general information, not advice for your situation.

This article covers the law of Alberta.

What a desk divorce means

A desk divorce is an application for a divorce judgment made without any appearance by the parties or their lawyers. A judge reviews your documents on paper instead of hearing from you in person.

The divorce itself still starts the usual way: by filing a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench and serving it. The desk divorce is a way to finish the case, not a way to skip the start.

Who can use a desk divorce

The rules allow a desk divorce application in four situations.

• Both parties consent.
• The other spouse has not filed a defence or demand for notice and has been noted in default.
• The Court orders it on application.
• A joint statement of claim was filed and no party has withdrawn.

If you are representing yourself and relying on consent, your consent must come with an affidavit of execution. 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 your spouse does not respond, the plaintiff may file an affidavit of service and ask the clerk to note the defendant in default. The Court's list of forms shows this as Form 14.

What goes into the application

A desk divorce application has three parts: a Request for Divorce (Form FL-21, or FL-22 for a joint request), a supporting affidavit (Form FL-23, or FL-24 for a joint affidavit), and a proposed judgment (FL-25, or FL-26 if it includes a corollary relief order).

• Every package must include the Desk Divorce Package Checklist and copies of the earlier filed materials it lists, and packages without the Checklist are not accepted for processing.
• Handwritten divorce judgments are not accepted, so use the fillable PDF forms the Court provides.
• An unrepresented applicant must give a stamped, self-addressed envelope, though the Court allows an email address on the checklist instead.
• If you have dependent children, Alberta.ca says you must take the Parenting After Separation course.

Forms and instructions have been revised recently, so check the Court's website for current versions before you file.

Will a judge still ask for more?

Once the clerk is satisfied the documents meet the rules and the Court's practice, the clerk places them before the Court. The Court may grant the judgment, direct an appearance, require further evidence, send you to a trial on oral evidence, or make another order.

So a desk divorce usually means no appearance, but a hearing is required if the Court orders one. The judge must also be satisfied there is no collusion, and, if there are children of the marriage, that reasonable arrangements have been made for their support under the applicable guidelines, and must stay the divorce until child support arrangements are made. An agreement about separation, support, property or parenting is not collusion.

After the judgment and what to do next

The divorce takes effect on the thirty-first day after the judgment is rendered, so it is not final on the day the judge signs. The clerk sends copies of the judgment electronically or by mail. If you need proof of divorce, the Court says not to request the Certificate of Divorce until 31 days after the judgment is granted.

• Confirm you meet one of the desk divorce situations.
• Check that parenting, decision-making and support are settled.
• Complete the Request, affidavit and proposed judgment forms.
• Include the Desk Divorce Package Checklist.
• Provide an email address or stamped envelope for the judgment.
• Talk to a lawyer if property, support or service is unclear.

Frequently asked questions