What Is a Desk Divorce in Alberta and How Does It Work?

You and your spouse have separated, you agree on the big questions, and you would rather not spend a morning in a courtroom. In Alberta, many uncontested divorces are finished on paper. This is commonly called a desk divorce.

This article explains what a desk divorce is, who can use it, what goes into the application and how the judge reviews it. It is general information, not advice on your own file.

This article covers the law of Alberta.

What a desk divorce is

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

It is still a court process. A divorce under the Divorce Act in Alberta starts by filing a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench and serving it under the Alberta Rules of Court.

The Court's uncontested forms cover only divorces where parenting, decision-making and support are already settled, and they do not deal with property division. If property is still in dispute, that part needs separate attention.

Who can apply for a desk divorce

Under Rule 12.50(1), you may apply for a divorce judgment without an appearance in any of these situations:

• Both parties consent.
• The defendant 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• A joint statement of claim was filed under Rule 12.13(1) and no party has withdrawn.

If you are representing yourself and your spouse consents, that consent must be accompanied by an affidavit of execution.

The usual divorce requirements still apply. Either spouse must have been habitually resident in Alberta for at least one year before the proceeding started. The marriage must have broken down, which is shown most commonly by living separate and apart for at least one year. You can start the action before the year is up, but judgment cannot be given until the spouses have lived apart for a year.

What goes into the application

A desk divorce application consists of three parts:

• A Request for Divorce: Form FL-21, or FL-22 for a joint request.
• A supporting affidavit: Form FL-23 (Affidavit of Applicant) or FL-24 (Joint Affidavit of Applicants).
• A proposed Divorce Judgment (FL-25) or Divorce Judgment and Corollary Relief Order (FL-26).

Every package must include the Desk Divorce Package Checklist and copies of the previously filed materials listed on it, and submissions without the Checklist are not accepted for processing. Handwritten divorce judgments are not accepted, so use the Court's fillable PDF forms. Forms and instructions are revised from time to time, so check that you have the current versions.

If you are unrepresented, you must provide a stamped envelope addressed to yourself, but the Court allows an email address on the checklist instead, and the judgment is then emailed.

How the judge reviews the file

If the clerk is satisfied the documents meet the rules and the Court's practice, the clerk places them before the Court. The Court may then grant any judgment the parties are entitled to, direct an appearance, require further evidence, direct you to proceed to trial on oral evidence, or make any other order.

So a desk divorce is not automatic. A judge may refuse to grant it on paper, and a hearing is required only if the Court orders one.

The judge also has legal checks to make. The court must be satisfied there has been no collusion and that reasonable arrangements have been made for any children's support; if child support arrangements are not made, the granting of the divorce is stayed until they are. An agreement about separation, financial support, property division, parenting time or decision-making is not collusion. If the divorce is based on adultery or cruelty, the court must also be satisfied there was no condonation or connivance, unless the public interest is better served by granting the divorce.

If you have dependent children, Alberta.ca says you must take the Parenting After Separation course.

After the judgment and what to do next

A granted judgment does not end the marriage that day. The divorce takes effect on the thirty-first day after the judgment is rendered. The clerk sends copies of the judgment electronically or by mail once it is rendered and entered.

• Confirm you meet the one-year residence and separation requirements.
• Confirm which desk divorce route applies to you.
• Gather your filed documents and the Desk Divorce Package Checklist.
• Complete the current fillable forms; do not handwrite the judgment.
• Make sure child support and parenting arrangements are settled and documented.
• Speak with a lawyer if property, children or a foreign element make your case less than straightforward.

Frequently asked questions