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Guide to Uncontested Divorce in Northwest Territories

December 23, 2025

Uncontested / Simple Divorce in the Northwest Territories: A Plain English Guide to Desk Divorce (Form 1, Form 7, Form 11)

If you and your spouse agree the marriage is over and you want to avoid a long, stressful court fight, an uncontested divorce in the Northwest Territories can sometimes be handled as a Desk Divorce (a paperwork based decision, without an in person hearing).

The NWT “insider” reality is that the process is form driven. Using the correct NWT Divorce Rules forms (and filing the right request at the right time) is what prevents delay and keeps the file moving toward a judge’s desk.

Important disclaimer: PlainDivorce is not a law firm. This guide is general legal information, not legal advice. Court rules, forms, and fees can change. Always confirm current requirements with the Supreme Court of the Northwest Territories registry before you file, or speak with a local lawyer or legal clinic if you are unsure.

Table of Contents

uncontested divorce in Northwest Territories

1. What is an uncontested or “simple” divorce in the Northwest Territories?

A divorce is the court decision that legally ends a marriage. In the NWT, divorces are handled by the Supreme Court of the Northwest Territories under Canada’s Divorce Act and the NWT court rules.

An uncontested divorce generally means:

  • one spouse starts the case and the other spouse does not oppose it by filing a response, or
  • both spouses start the case together by filing jointly, showing the court you are cooperating from day one.

When people say “simple divorce,” they usually mean a low conflict file where you are mainly asking the court to grant the divorce (and not asking the judge to referee ongoing disputes). In many uncontested files, the judge can decide the case on sworn documents (a Desk Divorce), instead of requiring an in person appearance.

Download Our Northwest Territories Uncontested Divorce (Dissolution) Self-Help Kit

2. Who qualifies for an uncontested divorce in the NWT?

Residency requirement

Under Canada’s Divorce Act, the court can generally grant a divorce if you or your spouse has lived in the Northwest Territories for at least one year immediately before starting the case.

Grounds for divorce (breakdown of the marriage)

Most uncontested divorces rely on one year separation (living separate and apart). This is the most common approach because it is usually the simplest fit for a paperwork based uncontested process.

When your case is a good fit for uncontested or Desk Divorce

  • You meet the residency rule.
  • You can rely on one year separation (or will have reached one year by the time the judge grants the divorce).
  • You and your spouse agree the marriage is over.
  • Parenting, support, and property issues are already settled in an agreement or prior orders (or you are not asking the court to decide them in this file).
  • Your spouse will cooperate, or at least not oppose the case.

If there is family violence, fear, coercion, hidden assets, or major disagreement about children, support, or property, get legal advice before trying to DIY an uncontested divorce.

3. Key NWT forms and terms (Form 1, Form 7, Form 11, Form 12, Form 13)

Generic Canadian guides often use “statement of claim” terminology from other provinces. In the NWT, the process is built around specific Divorce Rules forms. These are the key “authority signal” forms that usually control the flow of an uncontested file:

  • Petition for Divorce (Form 1): the standard starting form if one spouse files alone (sole).
  • Joint Petition for Divorce (Form 7): the cooperative option where you file together (often avoids service because both spouses are petitioners).
  • Request for Divorce (Form 11): the procedural trigger used to ask the court for a divorce judgment when the file is ready for desk review.
  • Affidavit of the Applicant (Form 12): sworn evidence commonly used in a sole (Form 1) case.
  • Affidavit of the Petitioners (Form 13): sworn evidence used in a joint (Form 7) case.
  • Certificate of Divorce request (Form 17): the request you file after the divorce takes effect, if you need official proof.

NWT forms checklist (plain text): Start by choosing your filing path: Form 1 (often used for a joint filing) or Form 7 (often used for a sole filing). Next, complete your supporting paperwork: Form 12 or Form 13 (use the one that matches your situation and what the court requires), plus Form 11 (commonly part of the “final order” package). After the divorce is granted, submit your certificate request if you need an official Certificate of Divorce for records, ID updates, remarriage, or benefits.

4. Step by step: NWT uncontested divorce process (Desk Divorce workflow)

This is a high level roadmap for how many uncontested divorces move through the Supreme Court of the Northwest Territories. Always follow current registry instructions for your exact requirements.

Process Flow Overview

Joint Petition Path (Uncontested / Both Spouses File Together)

  1. Both spouses agree on everything (property, support, and children if applicable).
  2. Prepare and sign the joint petition and required supporting forms.
  3. File together with the court clerk.
  4. Complete required items (disclosures / classes) if your court requires them.
  5. Wait any mandatory waiting period (if applicable).
  6. Submit the final order packet (including any required certificates or vital statistics forms).
  7. Judge reviews and signs the final order / decree.
  8. Request certified copies (and/or a certificate) if you need proof later.

Sole Petition Path (One Spouse Files First)

  1. One spouse files the petition (the other spouse is the respondent).
  2. File with the clerk and receive the case number / stamped copies.
  3. Serve the other spouse using an approved service method (or file an acceptance/waiver if allowed).
  4. Response stage: the other spouse files an answer, or the case proceeds by default (depending on local rules).
  5. Exchange required disclosures (financial and parenting disclosures if applicable).
  6. If you reach agreement: submit the settlement agreement and proposed final order packet.
    If you do not: follow the court’s scheduling for conferences/hearings.
  7. Judge reviews and signs the final order / decree.
  8. Request certified copies (and/or a certificate) if you need proof later.

Step 1 – Choose your route: Joint Petition (Form 7) or Petition (Form 1)

  • Joint Petition (Form 7): Usually the cleanest path if you can cooperate. Often avoids service and reduces delay risk.
  • Sole Petition (Form 1): Used when your spouse will not sign a joint filing. This route usually requires service and waiting for the response deadline.

Step 2 – Gather your core documents

  • Proof of marriage (ask the registry what form of proof they require for your filing).
  • Basic details about the marriage and separation (dates, places, addresses).
  • If children are involved: clear information about parenting arrangements and child support.
  • Any separation agreement or existing orders you plan to rely on.

Step 3 – File your Petition (Form 1) or Joint Petition (Form 7)

File your documents with the registry, pay the court fee, and get your Court File Number. Keep that number safe. You will need it for every later step.

Step 4 – Service (sole cases only) and waiting for the response deadline

If you filed a sole Petition (Form 1), you usually must serve your spouse according to the rules and then wait for the response deadline. If your spouse responds and contests, the file may become contested.

If you filed a Joint Petition, service is usually not required because you are both petitioners.

Step 5 – File the sworn evidence (Form 12 or Form 13)

For a Desk Divorce, the court needs sworn evidence confirming the key facts (marriage details, separation date, residency, and children and support arrangements if applicable). In general:

  • Sole case: affidavit evidence is commonly filed as Form 12.
  • Joint case: affidavit evidence is commonly filed as Form 13.

Step 6 – The desk-divorce trigger: Request for Divorce (Form 11) and the draft judgment package

This is where many DIY files stall: the court does not automatically move your file onto a judge’s desk. Under the NWT Divorce Rules, the uncontested request is typically made by filing a Request for Divorce (Form 11) along with the required supporting items for an in chambers (desk) divorce judgment.

  • File the correct request: use Form 11 when your file is ready for judgment.
  • Include the proposed Divorce Judgment: registries may require multiple copies of a proposed judgment for the judge to sign.
  • Plan for return logistics: the Rules contemplate a stamped envelope addressed to the petitioner for return of the judgment (requirements can vary by registry practice).

Step 7 – Receive the Divorce Judgment, then wait for it to take effect

If everything is complete and the judge is satisfied (including reasonable child support arrangements where there are children), the court grants a Divorce Judgment.

31 day appeal period: In most Canadian divorces, the divorce becomes legally effective on the 31st day after the Divorce Judgment is granted (assuming no appeal is filed). After it takes effect, you can usually request a Certificate of Divorce if you need proof (often required for remarriage).

5. Special issues when you have children

Having children does not prevent an uncontested divorce, but it increases the court’s scrutiny and can add required documents.

  • Parenting plan clarity: clearly explain where the children live and when they see each parent.
  • Child support: show that child support is reasonable under the applicable guidelines (or clearly explain why it differs).
  • Possible parenting course requirement: some jurisdictions use a Parenting After Separation (PAS) program. In the NWT, confirm with the registry whether any parenting program applies to your case and what proof (if any) must be filed.

If child support looks too low or unclear without a proper explanation, the judge can delay granting the divorce until the issue is corrected.

6. How long does an uncontested divorce take in the NWT?

Timing varies based on (1) how close you are to the one year separation mark, (2) whether you file jointly, and (3) whether your paperwork is complete the first time.

  • Separation: most people rely on one year separation.
  • Sole cases: service and response timelines can add weeks, especially with remote logistics.
  • Desk review: once your request and affidavit evidence are filed, processing time depends on court workload and completeness.
  • After judgment: the divorce is usually effective after the 31 day appeal period.

NWT timeline (plain text): File (joint or sole) → Service (if sole filing; skip if joint) → Affidavit evidence + request for divorce judgment (submit your sworn evidence and proposed judgment as required) → Divorce Judgment granted (judge signs) → Day 31: Divorce becomes effective (the divorce generally takes effect 31 days after the judgment date unless the court orders otherwise).

7. What does an uncontested divorce cost?

NWT filing fees can change, so the best trust signal is simple: confirm the current divorce filing fee with the registry before you file. Ask the registry what fees apply to your route (sole vs joint) and whether any additional administrative fee applies.

  • Court filing fees: confirm with the registry (payable as directed by the court).
  • Service costs: typically only in sole filings, if you use a process server.
  • Commissioner or notary fees: for swearing affidavits.
  • Document costs: proof of marriage, printing, courier, and mailing.

Cost saver in the NWT: filing a Joint Petition often reduces service expenses and the logistical burden of serving documents across communities.

8. When a DIY divorce might not be right for you

Consider getting legal advice (even limited scope help) if there is family violence, coercion, hidden assets, serious parenting conflict, complex property or pensions, or immigration and cross border consequences. DIY paperwork is not worth it if your safety or long term financial future is at risk.

9. Where a self help divorce kit fits into the process

If your case is truly uncontested and you are comfortable handling paperwork, a territory specific self help kit can help you stay organized and avoid common rejection issues (missing signatures, missing attachments, inconsistent dates, incomplete affidavit evidence, or filing the request step incorrectly).

  • Know when to use Petition for Divorce (Form 1) vs Joint Petition for Divorce (Form 7).
  • Use checklists to build a clean, judge ready affidavit package (Form 12 or Form 13).
  • Do not forget the procedural trigger (Request for Divorce – Form 11) that moves the file to a judge.
  • Track key timing, including the 31 day appeal period after the Divorce Judgment.

Download Our Northwest Territories Uncontested Divorce Self Help Kit

PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and you must still follow current court forms and registry instructions.

10. FAQ

What is an uncontested or simple divorce in the Northwest Territories?

It’s a divorce where nobody is fighting the case in court. In many NWT uncontested files, the judge can grant the divorce on the paperwork (a Desk Divorce) using sworn evidence (often Form 12 for a sole petition or Form 13 for a joint petition) and a formal request step (often Form 11).

What is Form 1 in the NWT divorce process?

Form 1 is the Petition for Divorce used when one spouse files alone (sole filing) in the Supreme Court of the Northwest Territories.

What is the Joint Petition form number in the NWT?

The Joint Petition for Divorce is a specific form under the NWT Divorce Rules: Form 7.

When am I legally divorced after the judge signs?

In most cases, the divorce becomes effective on the 31st day after the Divorce Judgment is granted (assuming no appeal is filed). After it takes effect, you can request a Certificate of Divorce if you need proof.

11. Final thoughts and next steps

If you are organized, your case is genuinely uncontested, and you use the NWT specific forms and terminology, a Desk Divorce in the NWT can sometimes be handled without traveling for a hearing.

Next steps:

  • Confirm residency and separation timing.
  • Finalize your separation agreement (especially for children, support, and property).
  • Decide: Petition for Divorce (Form 1) vs Joint Petition for Divorce (Form 7).
  • File through the registry and keep your Court File Number.
  • Prepare sworn evidence (Form 12 or Form 13).
  • File the request step (Form 11) when your file is ready for judgment.
  • After judgment, calendar the 31 day effective date and request your Certificate of Divorce if needed.

Final reminder: This guide is legal information only, not legal advice. If something feels unsafe, unfair, or unusually complex, speak with a Northwest Territories family lawyer or legal clinic before filing.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.