Uncontested Divorce (Desk Divorce) in Calgary & Alberta

An uncontested divorce, also called a desk divorce or simple divorce, is a divorce where both spouses agree on all issues and the court processes the paperwork without a hearing. It is the fastest, most cost-effective way to legally end a marriage.

No. Uncontested divorces are processed entirely in writing, and neither spouse needs to appear in court.

Spouses must agree on:

• Parenting and decision-making
• Parenting time
• Child support and Section 7 expenses
• Spousal support
• Division of property and debts

These terms are usually documented in a Separation Agreement. Our full guide: how to file for divorce in Alberta, step by step.

• Joint Divorce: Both spouses sign the documents together. Fastest and most cooperative.
• Sole Uncontested Divorce: One spouse files, and the other does not oppose the divorce. Used when cooperation is limited but there is no dispute.

Both proceed without a court appearance.

Timelines vary by court volume, but most uncontested divorces take:

• 8 to 12 weeks for court processing
• 31 days after the Divorce Judgment for the divorce to become final

Joint applications are typically faster.

Uncontested divorces are significantly more affordable than contested matters. Costs depend on:

• Whether the application is joint or sole
• Whether a Separation Agreement is required
• Whether children are involved
• The complexity of financial disclosure

Yes, if there are issues involving:

• Property division
• Spousal support
• Parenting
• Child support

A properly drafted Separation Agreement ensures the divorce is enforceable and prevents future disputes.

Yes. You can be considered “separated” while living under the same roof if you meet certain criteria, such as living separate lives within the home. Evidence may be required.

Most uncontested divorces use the ground of one year of separation. Other grounds include:

• Adultery
• Cruelty

These grounds can speed up filing if uncontested but not finalization. Our full guide: grounds for divorce in Alberta.

You can still proceed with a sole uncontested divorce as long as your spouse does not oppose the application. They must be properly served with the documents.

If even one issue is unresolved, the divorce becomes contested. However, negotiation or mediation can often resolve the issue so you can still proceed uncontested.

Not legally, but strongly recommended. A lawyer ensures:

• Your documents are accurate
• Your agreement is enforceable
• Your rights are protected
• The court does not reject your application due to errors

DIY divorces are often delayed due to incomplete or incorrect paperwork.

Common documents include:

• Statement of Claim or Joint Statement of Claim
• Affidavit of Applicant
• Marriage certificate
• Parenting and support documents (if applicable)
• Separation Agreement
• Desk divorce package forms

A lawyer ensures everything is properly prepared and filed.

Yes. You must show that:

• Reasonable parenting arrangements are in place
• Child support meets the Federal Child Support Guidelines
• Section 7 expenses are addressed

The court will not grant a divorce unless children are properly provided for.

Once the court grants the Divorce Judgment, the divorce becomes final after a 31-day waiting period. You can then request a Certificate of Divorce, which is required to remarry.