Desk order divorce: The do-it-yourself divorce process

A desk order divorce is a streamlined way to get a divorce without going to court. It's also called an uncontested or undefended divorce. You can use it once you and your spouse have settled parenting, support, property, and any other family issues. A judge reviews your paperwork and, in most cases, grants the divorce without either of you appearing.

Either spouse can apply alone (a sole application), or you can apply together (a joint application).

Yes — unless your marriage is annulled or one of you dies. When a married couple separates, the relationship isn't legally over until one of those three things happens. You must get a divorce or an annulment before you can remarry.

To divorce, you need a divorce order under the federal Divorce Act. In BC, only the Supreme Court can grant one, so you have to apply to that court — even if you and your spouse agree on everything else and only need the divorce order itself.

You prove your marriage has broken down in one of three ways: you've been separated for at least one year, your spouse committed adultery, or your spouse treated you with cruelty. Most people rely on the one-year separation. Here's what each of these means.

You can do either. In a sole application, you start the case by filing and serving a court form asking for a divorce; your spouse agrees and files no response, and after the response deadline passes you apply for the divorce order. In a joint application, you and your spouse start the case together — there's no one to serve and no response deadline, so it can be slightly cheaper and faster.

If you're not sure which fits your situation, it's worth getting legal advice.

If your spouse files a response after being served, you can't get a desk order divorce — your divorce is now contested. Your spouse has 30 days to respond if they're served in BC. Here's what's involved in responding to a divorce.

Before granting a divorce, the court must be satisfied that reasonable arrangements are in place to support the children financially — even if the parent who has the children most of the time is content with the arrangements. The court has a special duty to protect children. You give it the evidence it needs in a child support affidavit: proof of each parent's income, the children's living arrangements, and the child support being paid (or why it isn't). Without this, the court won't grant the divorce.

Usually not. In a desk order divorce, you give the court your evidence in affidavits — legal documents in which you swear your statements are true. The judge reviews them and typically grants the divorce without a hearing. Occasionally the court asks for more evidence or a short hearing — for example, if it isn't satisfied with the arrangements for dependent children.

Most uncontested divorces take about three to five months from filing to the divorce order. How long depends on:

• whether you apply alone or together (joint applications can be faster — there's no response deadline to wait out)

• how busy your court registry is

• whether your application is complete and correct

One thing to plan around: you aren't divorced the moment the order is made. Your divorce becomes final 31 days after the court grants the order (assuming no appeal and no special circumstances). Don't plan to remarry inside that 31-day window.

If you do the paperwork yourself, a desk order divorce can cost under $500 — that covers court filing fees, the cost of swearing your affidavits, photocopying, and related expenses.

If you hire a lawyer, expect a flat fee of roughly $1,500 to $2,500 (plus tax) for the legal work, on top of the roughly $500 in court and related costs. If you have children, the fee tends toward the higher end. Having a lawyer prepare a separation agreement costs more.

You can ask the court to waive them. If paying the fees would mean giving up other reasonable living expenses, you can likely get them waived. Justice Education Society has a step-by-step guide to applying for a fee waiver.