Once the issues of parenting, residence, support and property have been satisfactorily resolved, you can apply to the court to finalize the Divorce Judgment. The preferred process is to work out all the details in an Agreement, and then use the Agreement as the terms of the Divorce. However, if the details are not being worked out in a timely manner and there is a need to finalize the Divorce Judgment, you may apply to have a Divorce Judgment before reaching an agreement on all the issues. Sometimes it is advantageous to have the Divorce Judgement done as soon as possible, instead of waiting for everything else to settle.
A Desk Divorce involves submitting documentation to the courts and a Judge reviews those documents and decides on granting your Divorce Judgment. The process of obtaining a Desk Divorce requires completing and filing several documents and following procedural rules. It can be a very time-intensive and frustrating project for a non-lawyer.
I also offer consultation services for those who decide to represent themselves but want guidance concerning specific procedures. However, most of my clients choose to retain a lawyer to act on their behalf throughout the process, as this frees up their time so they can carry on with their lives, their children and their activities without being bogged down by the paperwork and court procedural demands.
Another option to one party suing the other for divorce is to file a Joint Divorce. In Alberta, you can apply for Divorce jointly with your spouse. You both complete the paperwork and sign it; either each with your own lawyer, or as self-represented. This is different than the traditional Divorce process because in a Joint Divorce, no one is suing the other for Divorce, you do not need a process server, you do not have to wait 20 days for a response, etc. You both simply complete and sign the same paperwork, and it is submitted to the court all at once.
If you have any questions or concerns about finalizing your Desk Divorce or your Joint Divorce, please contact us to discuss