Joint vs Sole Petition Divorce in Saskatchewan

Saskatchewan gives you two ways to file an uncontested divorce through the Court of King's Bench: a joint petition where both spouses file together as co-petitioners, or a sole petition where one spouse files and serves the other. Both lead to the same desk divorce outcome — no courtroom, no trial — but they differ significantly in paperwork, timelines, and logistics.

Joint Petition: Filing Together

In a joint petition, both spouses sign every document as co-petitioners. You file using Form 15-16 (Joint Petition) or Form 15-100A, and both parties submit their own Affidavit of Co-Petitioner.

Advantages:

• No service of process — since both spouses are filing, the court does not require one to formally serve the other. This eliminates the cost of a process server and removes the 30-day response window entirely
• Faster timeline — without the service and response period, joint petitions typically reach judgment 3 to 5 months after filing
• Simplified disclosure — if there are no children, both parties can file a mutual Waiver of Financial or Property Statements (Form 15-48A), bypassing detailed financial disclosure
• Signal to the judge — a joint filing demonstrates consensus, which can speed up the desk review

Requirements:

• Both spouses must physically sign every document filed with the court
• Both must agree on all terms: the divorce, parenting arrangements, child support, spousal support, and property division
• Both must be reachable and cooperative throughout the process

Sole Petition: Filing Independently

In a sole petition, one spouse (the petitioner) files the Petition and serves the other (the respondent). The respondent then has 30 days (60 days if served outside Canada/U.S.) to file an Answer.

When the respondent does not contest: If the response window passes without an Answer or Demand for Notice, the petitioner files a Note for Default and proceeds to the desk review. The divorce remains uncontested despite being filed by one party.

When the respondent contests: If the respondent files an Answer and Counter-Petition (Form 15-20), the case becomes contested — triggering mandatory financial disclosure, Family Dispute Resolution, and potentially a trial.

Advantages:

• Works when spouses agree on terms but live in different cities or provinces, making coordinated signing impractical
• Works when one spouse is cooperative but passive — willing to let the divorce proceed without actively participating in the paperwork
• Works when you cannot get your spouse to sit down and sign documents together

Additional costs and time:

• Process server: CA$75 to CA$150 (or free if a friend aged 18+ serves)
• 30 to 60 day response window before you can apply for judgment
• Total timeline: 4 to 6 months typically

Side-by-Side Comparison

Which Should You Choose?

Choose joint if you and your spouse are communicating, agree on all terms, and can both get to the same location (or arrange notarized signatures) to sign documents. It is faster, cheaper, and simpler.

Choose sole if your spouse agrees to the divorce but is difficult to coordinate with — living elsewhere, deployed, or simply not responsive enough to co-sign a stack of forms. The sole petition with no response is functionally identical to an uncontested joint petition, just with a longer timeline.

Neither path works if your spouse is actively contesting parenting, support, or property. That is a contested divorce, which follows a different track entirely.

The Saskatchewan Divorce Filing Process Guide covers both pathways in detail, with step-by-step instructions and all required forms laid out in sequence.

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