Divorce doesn’t have to be a lengthy, expensive, or emotionally draining process. For couples who agree on key aspects of their separation, an uncontested divorce in Saskatchewan provides a faster, more affordable, and less stressful option. If you and your former spouse are looking for an amicable way to move forward, understanding how the process of getting an uncontested divorce works can help you navigate this transition with ease.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both former spouses agree on all major issues, including:
✔ Division of property and debts
✔ Spousal support (if applicable)
✔ Parenting arrangements and child support (if applicable)
Since everything is by agreement and the parties are not seeking a remedy by court order, an uncontested divorce is a simpler and more cost-effective process compared to a contested divorce. This type of divorce is ideal for couples seeking an amicable divorce process that minimizes conflict and financial strain.
Legal Requirements for an Uncontested Divorce in Saskatchewan
To file for an uncontested divorce in Saskatchewan, you must meet the following legal criteria:
1. Residency Requirements
At least one party must have lived in Saskatchewan for at least one year before filing for divorce.
2. Grounds for Divorce
Under the Divorce Act, you must establish one of the following grounds:
- Separation for at least one year (the most common ground for uncontested divorces),
- Adultery, or;
- Cruelty (physical or mental).
Most folks opt for the one year of separation, because applying for a divorce on the grounds of adultery or cruelty requires an affidavit.
3. Agreement About All Matters
For an uncontested divorce it is helpful for the parties to have a separation agreement. This will help to ensure all matters between the parties have been resolved in a satisfactory manner prior to seeking a divorce.
If the parties do not have a separation agreement, but agree regarding all matters between themselves, they may proceed with an uncontested divorce. It is helpful for them to fully understand the impact this might have on the proceedings, especially if they have not yet attended to the division of their property.
A lawyer can help parties understand what risks they may be taking if they are seeking a divorce prior to having fully resolved all matters related to property division, support, and parenting.
The Process an Uncontested Divorce
The uncontested divorce process in Saskatchewan involves the following steps:
1. Issuing the Divorce Petition
One party will prepare and issue a divorce petition. Some people choose to do this themselves while others hire a lawyer to assist them.
The divorce petition will include all relevant information regarding the agreements made between the former spouses as well as their individual information, such as their names, ages, addresses, annual income, and the like.
To issue a petition, the party or the lawyer for the party will prepare multiple copies of the petition. This will be taken to the court to be issued along with $300 and the parties’ original marriage certificate.
2. Serving the Other Party
When the petition has been issued, the other party must be personally served. While both parties may want a divorce, this part can be upsetting, so it is helpful to have a conversation about when the petition will be served and where.
Whoever personally serves the other party must swear an affidavit of personal service and that affidavit must be filed with the court.
It is often helpful to have a lawyer arrange for service or to hire a process server, as sometimes people who are unfamiliar with the process may not fill out the affidavit of personal service correctly.
3. Divorce Application
After personal service has been established, an affidavit of petitioner is prepared for the party who issued the petition. That affidavit is filed with the court, along with the application for divorce, and the supplemental documents required. This package will also require $95 for the divorce judgment.
4. Receiving a Divorce Judgment and Certificate of Divorce
If the application for divorce is acceptable, the court will issue a divorce judgment. That judgment means that the divorce will come into effect on the 31st day after the judgment was issued, unless appealed. Within a few weeks, the parties will receive their certificate of divorce. That certificate is the legal proof that they are divorced.
Benefits of an Uncontested Divorce
An uncontested divorce in Saskatchewan offers several advantages:
✔ Cost-Effective Divorce
Uncontested divorces can be a cost-effective option to becoming divorced. It is helpful to discuss with a lawyer if that is the right option for the situation, as there are some process options that can be even more cost-effective, such as an uncontested divorce by consent, or a divorce initiated by joint petition.
✔ Faster Resolution
If everything goes smoothly, an uncontested divorce can be much quicker than other options. It may be helpful to discuss with a lawyer if there are even faster options, because a divorce initiated by joint petition can be streamlined and result in the divorce being granted sooner.
✔ Less Stress & Conflict
An uncontested divorce is often less stressful and lower conflict. It may be helpful to discuss with a lawyer all the strategies and ways to make it as simple and peaceful as possible.
✔ A More Peaceful Outcome
People who choose an uncontested divorce usually have an amicable divorce process. Uncontested usually means the parties have been able to resolve most matters between themselves and are proceeding on the belief that even though they no longer want to be married to one another, they do not have to be enemies.
Getting Started with Your Uncontested Divorce
If you and your former spouse are ready to move forward with an uncontested divorce in Saskatchewan, the next step is choosing if you want to have a lawyer assist you with the process. At Panko Collaborative Law, our experienced divorce lawyers in Saskatoon can guide you through the process, ensuring your divorce is handled efficiently and with as little stress as possible.
Do you have questions about starting your divorce process? Call us at (306) 975-7151 or send us an email to learn more.
Additional Resources:
The Top 5 Things to Know if You Are Preparing Your Own Application for Divorce | Panko Blog
Divorce Self-Help Kits | Family Law Information Centre at the Saskatchewan Ministry of Justice
Early Family Dispute Resolution | Government of Saskatchewan