Diy Divorce In New Brunswick

If you are seeking to divorce in New Brunswick, there are a number of steps you can take to do your own divorce without the need for a lawyer. Firstly, it is important to understand the difference between a separation and a divorce. A separation occurs when one or both spouses decide to live apart without the intention of reconciliation. A divorce, on the other hand, is when a marriage is legally ended by a judge under the federal Divorce Act. In Canada, the only ground for divorce is the breakdown of marriage, which can be proven by separation, adultery, or cruelty. The most common ground for divorce is separation, which must be in effect for at least one year before the court decision.

Grounds for divorce

To get a divorce in New Brunswick, you must provide an official ground for wanting to dissolve your marriage. The Divorce Act, a federal law made by the Parliament of Canada, stipulates the sole ground for divorce as marital breakdown. This can be proven in three ways:

Separation

The most common way to prove marital breakdown is to show that you and your spouse have been living "separate and apart" for at least one year before the court decision. This can be done even if you continue to reside in the same house, as long as you are leading independent lives—not sharing finances, having separate bedrooms, and refraining from sexual relations. The reason for your separation does not matter, and you can initiate divorce proceedings at any time after you've separated. The 12-month separation period must be uninterrupted, except for periods of attempted reconciliation lasting 90 days or less, which do not reset the clock on your separation.

Adultery

You can also prove marital breakdown by demonstrating that your spouse has committed adultery. You don't have to name the person your spouse committed adultery with unless you're making a claim against that party. You need to establish a high probability that adultery occurred, such as spending a night together in a motel, or ideally, have your spouse admit it in an affidavit. You must swear that there was no collusion or connivance and that you did not invent the adultery as a means of obtaining a divorce.

Cruelty

The final way to prove marital breakdown is to show that your spouse has treated you with intolerable mental or physical cruelty. This ground has produced the greatest volume of controversy and court precedent in New Brunswick divorce law. The courts have interpreted cruelty as conduct that would render intolerable your continued cohabitation, causing unnecessary pain either physically or emotionally. You must be able to show that the cruelty was of a "grave and weighty" nature, not due to trivial incompatibilities or temperament differences. The test of cruelty is quite subjective and may vary depending on the circumstances and the parties involved.

Cost of divorce

The cost of getting a divorce in New Brunswick varies depending on the complexity of the case and whether it is contested or uncontested. For a self-represented spouse doing their own uncontested divorce, the cost is generally low and may simply be the filing fee of $110 plus the cost of a process server. The cost of an uncontested divorce is typically lower than a contested divorce. Uncontested divorces are available for spouses who agree on issues like property division, child custody, and child support, and where the other spouse does not file a response.

The basic cost of an uncontested divorce includes the $110 fee for filing the Divorce Petition and the Clearance Certificate, and the $7 fee for the Certificate of Divorce. If you are receiving assistance under the Family Income Security Act or from domestic legal aid, there is no filing fee for a divorce application. Other costs may include hiring a lawyer for specific tasks, paying for certified copies of birth and marriage certificates, purchasing pre-printed forms, photocopying documents, and fees for a Commissioner of Oaths.

The cost of a divorce with the involvement of other professionals such as mediators or lawyers will be higher. Lawyers often charge a flat fee for an uncontested divorce as long as it remains uncontested. For contested divorces, a spouse will generally be charged an hourly rate for the lawyer's time, and there may be additional disbursements for items like appraisals, transcripts, and meeting spaces.

To avoid large legal fees, it is recommended to try and keep the divorce uncontested, provide your lawyer with any requested information promptly, and only contact them for emotional support in emergencies.

Online services are also available to help identify the correct divorce documents and ensure they are filled out correctly, which can provide peace of mind during a stressful process.

Documents needed

The specific divorce documents you file with the court may vary depending on your circumstances, such as whether you have children with your spouse or you have a lot of property to divide. Some of the divorce documents that you may complete include the "Petition for Divorce", "Joint Petition for Divorce" and "Affidavit of Service".

The Court of the Queen's Bench for New Brunswick lists the various divorce forms on its website, but they are not available for download. If you want to get the forms online, you will need to go to the Family Law NB website, a public service that explains divorce and offers a number of different divorce resources.

It is important to read over all the information provided on the site so that you can be informed during your divorce and better able to look out for your best interests.

When you have completed all of your divorce papers, you need to make two copies of each document – one for your records, and one to serve to your spouse. You will use the original documents to file with the court clerk at your local courthouse.

To "serve" your spouse, you need to deliver copies of the divorce documents to your spouse so they are made aware of the divorce. There are several ways to do this, including personal service, or service by mail.

The most common method is personal service, where someone delivers the documents to your spouse in person. You are not allowed to do this yourself, so you will need to ask someone you know (who is over 18) to serve the documents, or you will need to hire a private company to do it. The company will charge a fee, but because they are professionals, you can expect the service to happen in a timely manner. Whichever option you choose, you will need to get proof of service from the individual that served the documents and file this proof with the court.

If personal service is not an option, someone can mail the documents to your spouse using registered mail. The receipt of delivery can be used as proof of service. Once the court has a completed "Affidavit of Service", your divorce will be reviewed by the court.

The documents you will need include:

• Your original Certificate of Marriage or a certified copy of the Registration of Marriage. The certificate you received at the church (or any other place you were married) will not be accepted by the provincial court's divorce registry. You can obtain your Certificate of Marriage from VitalCertificates.ca if you were married in Canada or from USVitalRecords.org if you were married in the United States. If you were married outside of Canada or the United States, you need to apply for your original Certificate of Marriage or certified copy of the Registration of Marriage from the equivalent of Vital Statistics in that country. If your Certificate of Marriage is not in English, you will need to have it translated. Each province has its own requirements for how the Certificate of Marriage is to be translated.
• A Separation Agreement or Court Order (if any). If you have a separation agreement, any court orders or any other written agreements, which set out the details of your separation and/or any children of the marriage, you may be required to forward a copy.

Separation agreements

In New Brunswick, a separation occurs when one or both spouses decide to live apart without the intention of ever living together again. A divorce, on the other hand, is when a marriage is legally ended by a judge under the federal Divorce Act.

When dealing with issues arising from a separation, such as support, parenting arrangements, parenting time, and property division, you can either reach an informal agreement with your former spouse or legally resolve the issues by negotiating a separation agreement.

To be considered "separated", you and your spouse must no longer perform any functions normally expected of a married couple, such as eating and socialising together. This includes having separate bedrooms and no longer having sexual relations. You do not need to live in different homes to be considered "separated", but you must be leading independent lives. The date when you started living separate lives is your "date of separation", which is important to know if you plan on divorcing later, as couples must be separated for at least one year before they can divorce.

A separation agreement is a legally binding contract that outlines the rights and responsibilities of each spouse during the separation. It can include provisions for various issues, such as:

• Parenting arrangements and access schedules for any children involved.
• Child support and spousal support payments.
• Division of assets and debts, including marital property such as the family home, personal investments, automobiles, and household goods.
• Any other relevant issues, such as pet custody or the continuation of health insurance coverage.

It is recommended that each spouse seek independent legal advice when negotiating a separation agreement to ensure their rights and interests are protected. While it is not necessary to go to court to obtain a separation agreement, if there are issues that cannot be resolved through negotiation, you may need to involve the courts.

Divorce certificates

To obtain a divorce certificate in New Brunswick, you must first complete the necessary forms and documents for an uncontested divorce. The guide "Doing Your Own Divorce in New Brunswick" can help you with this process. The cost of the basic divorce includes the fee for filing the Divorce Petition and the Clearance Certificate, as well as the fee for the Certificate of Divorce.

The following is a list of forms and documents that may be required when filing for divorce:

• Petition for Divorce
• Joint Petition for Divorce
• A Guide to Completing Form 72J: Financial Statement and Income Information
• Affidavit of Service – Personal Service or by Registered Mail
• Acknowledgment of Receipt Card
• Cover Letter for the Trial Record
• Index for the Trial Record – Affidavit Evidence
• Certificate of Readiness
• Affidavit of Evidence (for a single spouse or joint petition)
• Request for Divorce
• Agreement Not to Appeal
• Letter to Request a Certificate of Divorce
• Notice of Discontinuance
• Notice of Intent to Defend
• Answer and Counter Petition
• Reply and Answer to Counter Petition
• Notice of Intention to Act in Person
• Notice of Petition For Divorce
• Application (For Saint John and Moncton Judicial Districts)
• Affidavit in Support of Claim for Parenting Order (For Saint John and Moncton Judicial Districts)

You can access blank copies of these forms via the NB Attorney General's website or by visiting your local Service New Brunswick office. Additionally, you can contact the PLEIS-NB toll-free Family Law Information Line or email them for more information. If you reside in Saint John or Moncton, you can also reach out to the Family Law Information Centre located within their respective courthouses.

Frequently asked questions