How to File for Divorce in New Brunswick

Grounds for divorce

In New Brunswick, as in all of Canada, divorce is governed by the federal Divorce Act. You must establish one of three grounds:

• One year of separation: You and your spouse have lived separate and apart for at least one year. You can file before the year is up, but the divorce cannot be granted until the full year has passed.
• Adultery: One spouse committed adultery. Rarely used because it requires proof and does not affect the outcome.
• Cruelty: One spouse treated the other with physical or mental cruelty. Also rarely used.

The vast majority of divorces in New Brunswick proceed on the one-year separation ground.

Where to file

Divorce applications in New Brunswick are filed at the Court of King's Bench of New Brunswick. You may file at any judicial district in the province. If you and your spouse have already started other family proceedings, the divorce should be filed at the same court location.

Required forms

New Brunswick uses its own set of court forms for divorce proceedings. The forms you need depend on whether your divorce is contested or uncontested:

Simple (uncontested) divorce

• Petition for Divorce. This is the document that starts the proceeding.
• Affidavit of the Petitioner. A sworn statement confirming the facts of your marriage and separation.
• Affidavit of Service. Proof that your spouse was properly served with the petition.
• Draft Divorce Order. The order for the judge to review and sign.

Joint divorce

• Joint Petition for Divorce: Filed together by both spouses when they agree on all terms
• Affidavits from both spouses confirming the facts

Divorce with other claims (support, property, custody)

• Petition for Divorce. Used when claiming support, property, or parenting alongside the divorce.
• Financial Statement. Required whenever support is claimed.
• Parenting Affidavit. Required when there are children of the marriage.

You will also need a marriage certificate (or registration of marriage) and, if applicable, a separation agreement.

Filing fees

• Petition for Divorce filing fee: approximately $195
• Additional motion or application fees: vary depending on the type of filing
• Divorce order fee: included for uncontested matters processed on the desk

Fee waivers may be available if you cannot afford the filing fee. Ask the court office about a fee waiver request.

Timeline

• Minimum: The divorce cannot be granted until at least one year after separation. If you file before the year is complete, the application waits.
• Simple uncontested divorce: Typically 3 to 6 months from filing to the divorce order being issued, assuming all paperwork is in order.
• Contested divorce: Can take 1 to 3 years or longer, depending on the issues and court scheduling.

What to prepare before filing

1. Calculate your support obligations. Understanding what the guidelines suggest for child support and spousal support gives you a clear picture before you begin. This information is needed for your Financial Statement if you are claiming support.

2. Gather your documents. You will need your marriage certificate, proof of separation date, and financial records (income, assets, debts).

3. Consider a separation agreement. If you and your spouse can agree on support, property, and parenting, a separation agreement simplifies the divorce process significantly. The court will review the agreement to ensure it complies with the guidelines.

4. Decide on representation. You can file for divorce yourself (self-represented), hire a lawyer, or use a lawyer for specific tasks (unbundled legal services).

After the divorce order

Once the divorce order is issued, there is a 31-day appeal period. After that period, you can request a Certificate of Divorce from the court. The certificate is the official proof that your marriage has been legally ended.

The divorce order does not expire. You do not need to take any further action unless you want to remarry (in which case you need the Certificate of Divorce).