A legal divorce requires court proceedings while an automatic divorce can be processed without a court appearance
In Canada, there are two main paths to divorce. A legal divorce involves formal court proceedings, requiring parties to appear before a judge who reviews the case and issues a divorce order. An automatic divorce, also known as a desk divorce, allows couples to complete the process without appearing in court, provided they meet specific criteria.
- Legal divorces typically involve contested issues requiring judicial oversight
- Automatic divorces are suitable for uncontested cases where both parties agree on all terms
- Both types require filing proper documentation with the court
- Processing times and costs vary significantly between the two options
To qualify for an automatic divorce, couples must have a complete separation agreement, agree on all matters including property division and child custody, and meet the one-year separation requirement under the Divorce Act.