Uncontested Divorce – Do You Need a Lawyer, or Can a Paralegal Be a Better Choice?


Uncontested Divorce Paralegal

An uncontested divorce, also referred to as a “desk divorce”, means that both parties wish to divorce and are agreeable to the terms of the divorce. An uncontested divorce is a more straightforward process than a contested divorce and does not require an appearance in court. Is it better to have a lawyer or a paralegal in this situation? Let’s dive in. 

Who is a Divorce Paralegal?

A divorce paralegal in Calgary often assists lawyers in document creation, research, processing legal evidence, and communication with clients. They are typically trained in court procedures and processes. They are a valuable part of a law team as they have experience in family law. 

Who is a Lawyer?

Lawyers are trained and knowledgeable in federal and provincial law and often have a sector they specialize in, such as family law or criminal law. Lawyers provide legal advice to their clients. 

What is the Difference?

In Canada, lawyers and paralegals have distinct roles and training. Lawyers complete an initial degree from an accredited post secondary institution and then complete a further degree from a law school to obtain a Bachelors of Law (LLB), having passed a LSAT examination. Once they have completed their education, prospective lawyers are hired by law firms as articling students in order to gain practical experience. Once they have completed their articles, they must pass a bar examination in order to practice law. Practicing law entails providing legal advice, representing clients in court, and managing complex legal matters. 

Paralegals, on the other hand, commence their training by taking legal assistant courses through technical institutions such as SAIT and then working under lawyers for a number of years to gain knowledge, experience and expertise on the practical side of the law. While they can represent clients in lower courts as their civil court agent (such as the Alberta Court of Justice), they cannot technically provide legal advice. In other words, a paralegal/civil court agent can represent a client by preparing the required documents, guiding them through the process and providing their clients with knowledge based on their experiences and expertise.

When can you use a Paralegal?

Using a paralegal is a fantastic, affordable alternative to a lawyer in an uncontested divorce. When you and your spouse have agreed on all of the details of the divorce, a paralegal can manage your divorce for you by preparing and filing the required Court pleadings to obtain your divorce, all at a much cheaper cost to you!. 

Choosing AzPerLegal as your Divorce Paralegal

When you choose AzPerLegal to handle your uncontested divorce, you are choosing experience and skill. Christine Herrington has a Bachelor of Arts degree, a Legal Assistant SAIT Certificate and close to 30 years experience working with lawyers. 

AzPerLegal will prepare and file the required legal documents required for a desk divorce on your behalf. The desk documents will then be reviewed by a Justice of the Court of King’s Bench for the purpose of granting a Divorce Judgment.  Once the Divorce Judgment is granted, a 31 day appeal period ensues and once the appeal period has run, AzPerLegal will obtain a Certificate of Divorce for you. The Certificate of Divorce is an important legal document as it is required should you ever wish to remarry.

If you wish to learn more about our uncontested divorce services, click here.