How to File for Divorce in Nunavut

Grounds for divorce

In Nunavut, 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 Nunavut proceed on the one-year separation ground.

Where to file

Divorce applications in Nunavut are filed at the Nunavut Court of Justice in Iqaluit. Nunavut has a unified court system, meaning the Nunavut Court of Justice is the single trial court for the territory. It handles all matters that would be split between a superior court and a territorial court in other jurisdictions.

The court operates on a circuit basis, travelling to communities across the territory. However, divorce paperwork is typically filed through the Iqaluit registry. If you live in a community outside Iqaluit, contact the court registry for guidance on how to file from your location.

Required forms

Nunavut 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: The main document that starts the divorce proceeding, setting out the facts of your marriage and the grounds for divorce
• Affidavit of the Petitioner: A sworn statement confirming the facts in your petition
• Draft Divorce Judgment: The proposed order for the judge to sign

Joint divorce

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

Divorce with other claims (support, property, custody)

• Petition for Divorce with additional claims: Used when requesting support, custody, or property division alongside the divorce
• Financial Statement: Required whenever support is claimed

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

Filing fees

• Petition filing fee: approximately $140
• Additional motion fees may apply depending on the complexity of your case

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 4 to 8 months from filing to the divorce judgment being issued. Timelines in Nunavut can be longer than in southern provinces because the court operates on a circuit schedule, and hearings in smaller communities depend on when the court next visits.
• 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). The Legal Services Board of Nunavut may be available if you meet income eligibility requirements.

After the divorce order

Once the divorce judgment 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 judgment 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).