Desk Order or Uncontested Divorce

In British Columbia, there is a straightforward way to apply for a divorce without ever needing to appear in front of a judge. This process is commonly known as a desk order divorce, and people often call it an uncontested or undefended divorce as well. All of the paperwork is submitted to the court in writing, and a judge reviews it.

A desk order divorce is often more affordable than a traditional court appearance, but it only works when the main issues between spouses have already been dealt with. This usually means parenting arrangements, child support, spousal support, and the division of property and debts must be settled by agreement or by an existing court order. The court will not grant a divorce until it is satisfied that any children are properly supported and cared for.

Timeline

Timelines for desk order divorces vary widely. Because no one attends court in person, the process is usually less expensive, but it depends heavily on how busy the registry and the judges are. Sometimes a divorce is reviewed quickly, and other times it can take several months. The process begins when we file and serve a Notice of Family Claim. Filing typically takes only a few days. Serving your spouse can be simple if they are cooperative or more complicated if we need to locate them. Once they have been served, we must wait 30 days before moving forward with the divorce application.

If no Response to Family Claim is filed during that 30 day period, we prepare the rest of the application. You will need to swear one or more affidavits, depending on whether children are involved. After we file the completed application with the court, we simply wait for the judge to review it. Once the divorce order is granted, it becomes effective 31 days later. In general, most desk order divorces are completed within four to six months from start to finish.

What does it cost

For a desk order divorce with no children, our usual fee is $1,250 plus taxes and disbursements. For a desk order divorce with children, where there is already a suitable separation agreement or child support order in place, our usual fee is $1,650 plus taxes and disbursements. If there is no suitable agreement or order yet, we can discuss the additional steps and costs involved in putting one in place.

Disbursements are out-of-pocket expenses we pay on your behalf. They typically include printing, process service, and court filing fees (usually around $350), as well as any other necessary costs that may arise in your file.