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How do I get a desk order divorce in Alberta The judge ordered…

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How do I get a desk order divorce in Alberta? The judge ordered it but clerks dont know how to do it.

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2/26/2010

Lawyer: Debra, Lawyer replied 13 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,346

Experience: Lawyer

Verified

What clerks don't know how to do it.

Please explain a bit about what is going on as I don't understand what the problem is.

Customer reply replied 13 years ago

The judge separated the divorce from the assets. The wife refuses to consent to the divorce but the judge stated that I did not need her signed consent because she said I could get a desk divorce. I ordered the clerks notes which state this but the clerks have no idea what I am talking about. It has been over a year since this order was given by two different judges but took me awhile in court to figure out and get paperwork together because I was dealing with terminating spousal support but want to be aggressive on moving forward with the divorce.

Lawyer: Debra, Lawyer replied 13 years ago

It sounds like what you can do is simply serve the wife with the divorce application. She cannot contest the application because you've been separated for over a year so you've met the grounds for divorce.

So, you can serve her and then after the time has passed for her to put in a reply you simply note her in default and then a Judge will sign the Judgment. There is not need to attend Court and this is why it's called a desk divorce.

I hope that clarifies things.

Customer reply replied 13 years ago

okay what if she complies and sets a court date to not want the divorce? This has already happened once but this was before the judge ordered the separation of divorce and assets. I submitted the papers to her at the court when the judge ordered the desk divorce and she said to submit them to the lawyer and the lawyer said to send to his office but I have got no response and that was in Oct 2009. So I submitted the appropriate papers to the court for the divorce and they sent back to me that they ahve to have her signature. I am in a circle here.

Lawyer: Debra, Lawyer replied 13 years ago

They have to have her signature if you are applying jointly.

You can apply on your own, you then serve her, through her lawyer if her lawyer will accept service on her behalf. Then, they will ignore you. You then attend at the Court office with proof of service and note her in default.

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,346

Experience: Lawyer

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