What is a Desk Divorce?
A “desk divorce” in Alberta refers to a simplified divorce process where the divorce is granted based solely on the paperwork submitted to the court, without the need for a court appearance. This process is available for uncontested divorces where both parties agree on all related matters.
Who should apply for a Desk Divorce?
A desk divorce in Alberta is typically suitable for couples who have an uncontested divorce, meaning that both parties agree on all aspects of the divorce, including property division, child custody, and support. This streamlined process is ideal for couples who can cooperate and reach an agreement without the need for court intervention or litigation.
Couples who meet the following criteria may consider applying for a desk divorce in Alberta:
- Both parties agree to the divorce and all terms of the separation, including property division, child custody, and support;
- There are no disputes or disagreements that require resolution by a judge;
- Both parties are willing to complete and submit the required paperwork accurately and in a timely manner;
4. Both parties are willing to waive their right to a formal court hearing and are comfortable with the divorce being processed based on the submitted documents;
It is important to note that not all divorces qualify for a desk divorce, and it is recommended to consult with a lawyer or legal professional to determine if this process is appropriate for your specific situation.
Advantages of a Desk Divorce
There are several advantages to obtaining a desk divorce in Alberta:
1. Efficiency:
A desk divorce is typically processed more quickly than a traditional divorce, as there is no need for a court appearance or formal hearing. This can help couples finalize their divorce in a timely manner.
2. Cost-effective:
Desk divorces are often less expensive than contested divorces that require court appearances and legal representation. This can save couples money on legal fees and court costs.
3. Less stressful:
Since there is no court appearance required for a desk divorce, couples can avoid the stress and anxiety associated with appearing in court and potentially facing a contentious legal battle.
4. Privacy:
Desk divorces are handled through paperwork submitted to the court, which means that details of the divorce are not discussed in open court. This can help maintain the privacy of the parties involved.
5. Simplified process:
Desk divorces are designed for uncontested divorces where both parties agree on all aspects of the separation. The process is streamlined and straightforward, making it easier for couples to navigate without the need for extensive legal proceedings.
Overall, a desk divorce can offer a quicker, more cost-effective, and less stressful way for couples to dissolve their marriage when they are able to reach an agreement on all aspects of the divorce.
How can you reduce the legal fees relating to a Divorce?
There are several ways to reduce legal fees for a divorce:
1. Uncontested Divorce:
If you and your spouse can agree on all aspects of the divorce, including division of assets, child custody, and support, you may be able to pursue an uncontested divorce. This typically requires less time and effort from your lawyer, reducing legal fees.
2. Mediation:
Consider using a mediator to help facilitate discussions and negotiations with your spouse. Mediation can be a cost-effective way to resolve disputes and reach agreements outside of court, potentially reducing legal fees.
3. Do-It-Yourself (DIY) Divorce:
For simple divorces with no significant assets or children involved, you may be able to use DIY divorce kits or online resources to prepare the necessary paperwork yourself. This can save on legal fees, but it’s important to ensure that the paperwork is completed accurately.
4. Open Communication:
Provide your lawyer with all relevant documents and information in an organized manner. This can help streamline the legal process and reduce the time spent on your case.
5. Be Organized:
Provide your lawyer with all relevant documents and information in an organized manner. This can help streamline the legal process and reduce the time spent on your case.
6. Set Realistic Goals:
Work with your lawyer to set realistic goals and priorities for the divorce proceedings. By focusing on what truly matters to you, you can avoid unnecessary legal battles that may increase costs.
7. Negotiate Fees and payment plan:
Some lawyers may be open to negotiating their fees, especially if you are upfront about your budget constraints. Discuss fee structures and payment plans with your lawyer to find a solution that works for both parties.
8. Consider Limited Scope Representation:
Instead of hiring a lawyer for full representation, you may opt for limited scope representation where you only pay for specific legal services that you need assistance with, such as document review or court representation.
By exploring these options and being proactive in managing your divorce proceedings, you can potentially reduce legal fees and make the process more cost-effective.
If you need advice or assistance in preparing a Divorce, then seek legal guidance from our family lawyers at Virtual Law Group Canada at (825) 437 8777, or via email info@virtuallawgroup.ca
