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Family Law Blog

Why You Should Use a Lawyer for an Uncontested/Desk Order Divorce

Why You Should Use a Lawyer for an Uncontested/Desk Order Divorce

When it comes to divorces, there’s a common misconception that they’re messy and drawn out affairs; this isn’t necessarily the case. In fact, when both parties decide to split amicably, a divorce can often be granted without either party setting foot in a court or speaking to a judge. These types of divorces are known as Uncontested or Desk Order Divorces.

In this week’s blog, we’re going to look at the reasons why you should still enlist a family law expert to assist in ensuring a smooth Uncontested or Desk Order Divorce.

What is a Desk Order/Uncontested Divorce?

This type of divorce typically occurs when both parties agree on the grounds for divorce and there are no outstanding legal issues arising from their separation (property division, arrangements for children, etc). This simplified arrangement involves a judge rubber stamping the divorce from behind their ‘desk’ to finalize the divorce. In family law, we typically see these divorces in two situations:

  •   One party files the materials in court, and the other spouse doesn’t file anything in response, allowing the divorce to be granted essentially by default.
  •   Both spouses jointly apply for the divorce.

Why You May Want a Lawyer for a Desk Order/Uncontested Divorce?

Seems pretty straightforward, right? Despite the simple nature of an uncontested divorce, it’s still strongly recommended to consult with a family law expert. At Westside Family Law, we’ve assisted countless clients going through the divorce process. Here’s some of the ways we can assist with an uncontested divorce:

  •   The BC Supreme Court requires documents drafted and filed in a very particular way.
  •   If children are involved in the divorce, the BC Supreme Court will not grant a divorce until they’re satisfied child support and parenting arrangements have been settled in an appropriate way. 
  •   The Supreme Court of BC, which deals with divorce, is not as self-representative friendly as provincial court. Many of the standard rules, forms and processes can be hard to decipher.
  •   Mistakes or omissions in documents can cause divorce applications to be rejected by the court, sometimes multiple times. This amounts to wasted time and needless frustration.
  •   Divorces are stressful. We can draft all the proper forms and handle all court correspondence.

Let us Help

If you’re considering an Uncontested/Desk Order Divorce in BC the expert team at Westside Family Law is standing by to assist. Contact us and we’ll be happy to help.