Uncontested Divorce

A divorce is granted by order of a Superior Court Judge. However, this does not mean that you need to appear in a courtroom to obtain a divorce. If you have been separated for more than one year and you have resolved all other issues arising from your separation such as child support, spousal support, parenting and guardianship and the division of assets and debts, you may wish to apply for a "desk order" divorce.

A "desk order" divorce is an application by one or both of the spouses for a divorce. It involves filing the requisite documents in a Supreme Court registry. A Judge will review those documents and, if satisfied that everything is in order and a divorce should be granted, will sign an order of divorce. All divorce orders take effect 30 days after they are issued by the Judge.

There are 2 types of "desk order" divorces. The first is a joint application and the second is an unopposed application.

In a joint application both spouses apply for the desk order divorce. The documents that are filed in the Court Registry are,

  1. Marriage Certificate,
  2. Notice of Joint Family Claim,
  3. Requisition,
  4. Divorce Order,
  5. Affidavit from each spouse on facts of marriage and separation,
  6. Affidavit from each spouse on the parenting and financial arrangements for the children of the marriage if there are any.

In an unopposed "desk order" divorce application only one spouse files the Notice of Family Claim seeking a divorce. The filed Notice of Family Claim must then be served on the other spouse. If the spouse that is served with the Notice of Family Claim does not file a Response within the time limit, which is usually 30 days, the spouse that filed the Notice of Family Claim may file the remaining documents for a desk order divorce. An affidavit from the process server must also be filed to prove that the Notice of Family Claim was served on the other spouse.

The amount of time it will take to obtain the divorce order once all of the requisite documents have been filed in the Court registry will depend on the backlog in that Court, generally between 2 and 4 months.

If you would like to retain us to prepare the documents for you, meet with you to sign them and swear the affidavits, have the documents filed, arrange for service on your spouse if necessary and obtain a copy of your marriage certificate if you do not have one, the fees are as follows,

$750, plus taxes and disbursements, for a joint application with no children

$850, plus taxes and disbursements, for a joint application with children

$800, plus taxes and disbursements, for an unopposed application with no children

$900, plus taxes and disbursements, for an unopposed application with children

To arrange a free initial telephone consultation to discuss whether a desk order divorce is appropriate for you please contact us at (604) 523-7090 or email booth@cassadylaw.com