What is a Desk Order (Uncontested) Divorce?
A desk order divorce, or uncontested divorce, is the agreeable ending of a marriage between two parties. Necessary papers are filed and there is no court appearance. Instead, a Judge reviews your divorce documents outside of the courtroom and grants a divorce, ending the marriage legally.
When a case is undefended or uncontested from the start and no family claim has been filed; or when the spouses bring a joint family law case, it can be ideal to have a desk divorce. This saves court time and resources as well as time and money for the parties involved.
Definition of Undefended Family Law Case [§1.3]
An “undefended family law case” is defined in Rule 1-1(1) of the Supreme Court Family Rules:
(1) In these Supreme Court Family Rules, unless the context otherwise requires:
“undefended family law case” means a family law case in which one of the following is true:
(a) the family law case is a joint family law case and no party has filed a notice of withdrawal;
(b) no response to family claim has been filed;
(c) a response to family claim was filed but has been withdrawn or struck out;
(d) a response to the family claim and a counterclaim has been filed but the notice of family claim and any response to the counterclaim have been
(i) withdrawn, or
(ii) struck out, discontinued or dismissed;
A high number of desk order divorces are rejected by the courts due to inadequate or improperly filed forms, causing a delay in your divorce finalization. Having the assistance and guidance of a lawyer during your divorce process can ensure that all required forms are drafted correctly and filed in the correct order allowing you to move on with your life faster, while saving money.
From the time your divorce is granted by the court, if no appeal has been filed, your divorce becomes automatically final after 31 days. After the 31 day period, you are permitted to re-marry should you wish to do so.
Here to Help You
Having the help of a lawyer in your divorce can not only reduce the stress in a situation that can be uncomfortable but also prevent any avoidable delays. Pathfinder Law expertly navigate the desk divorce process and will be happy to assist you when you are ready to move forward with your divorce. Serving Abbotsford and the surrounding Fraser Valley, BC. Contact us today.