Uncontested Divorce in Yukon: The Desk Order Process

An uncontested divorce is the standard pathway for most couples in the Yukon. It means both spouses agree on all the terms — or the respondent simply does not respond — and a Supreme Court judge reviews and signs the Divorce Order in chambers without anyone appearing in court.

This process is called a "desk order" because the judge literally reviews your file at their desk rather than in open court. It typically takes four to six months from filing to the signed order.

Who Qualifies for an Uncontested Divorce

You can proceed by desk order if:

• Your spouse agrees to the divorce terms and either consents or does not file a response
• You have resolved property division, support, and parenting arrangements (if applicable)
• All required documents are properly prepared and filed

If your spouse files a Statement of Defence disputing any term, the case becomes contested and will require case conferences, potentially motions, and possibly a trial.

How the Desk Order Works Step by Step

File your Statement of Claim (Form 91A) at the Whitehorse registry with the CA$150 filing fee. The registry opens your court file and assigns a Supreme Court File Number.

Serve your spouse through personal service by a third party. You cannot serve the papers yourself. After service, the server files Form 7 (Affidavit of Service).

Wait for the response window to close. If served in the Yukon, your spouse has 7 days to file an Appearance plus 14 days after that to file a Defence. If no response is filed, you can move to the next step.

Complete the parenting workshop if your divorce involves minor children. Both parents must finish the "For the Sake of the Children" online workshop unless an exemption applies.

Wait for the CRDP Clearance Certificate. The registry sends your filing information to Ottawa's Central Registry of Divorce Proceedings. The judge cannot sign your order until this clearance comes back confirming no other divorce proceeding involving your marriage exists in Canada.

File the desk order package: Form 3 (Requisition for Order), Form 97 (Affidavit for Divorce Order), and Form 100 (Divorce Order — must be typed). Include the original plus three copies and self-addressed stamped envelopes for both spouses.

The judge reviews the file in chambers. If everything is in order and child support arrangements comply with federal guidelines, the judge signs Form 100. The registry mails certified copies to both spouses.

How It Differs from a Contested Case

The financial and emotional gap between the two paths is enormous. A contested divorce does not just cost more — it also means publicly airing your disagreements in court, which can strain co-parenting relationships for years afterward.

When Uncontested Is Not Possible

Some situations genuinely require a contested process. If your spouse has hidden assets, if there is a dispute over pension valuation, or if you cannot agree on parenting arrangements for your children, going through the formal litigation process may be the only way to protect your interests.

In those cases, retaining a family lawyer is strongly recommended. Uncontested lawyer packages in Whitehorse start around CA$1,300, which is a fraction of what a full trial would cost.

For a complete workflow through the uncontested desk order process, the Yukon Divorce Filing Process Guide breaks each step into actionable checklists.

See more Yukon guides →