Divorce Timelines In New Brunswick, Canada

Getting a divorce in New Brunswick, Canada, can be a relatively straightforward process, especially if you and your spouse agree on the terms of the divorce, including property division, child custody, and support. The length of time it takes to finalise a divorce depends on several factors, including whether the divorce is contested or uncontested and how quickly both parties can come to an agreement on the terms. An uncontested divorce can be finalised in as little as a few months, while a contested divorce can take significantly longer, often up to a year or more.

Residency requirements

To file for divorce in New Brunswick, Canada, there is a residency requirement of one year for either you or your spouse. This means that either you or your spouse must have lived in New Brunswick for at least one year before starting a divorce case. This requirement is necessary to prove the breakdown of the marriage, which is the primary ground for divorce in the province.

The most common way to prove the breakdown of the marriage is by living separate and apart from your spouse for a period of one year. This can include residing in the same house, if necessary for financial reasons or for the sake of children, but you must not be acting as though you are married. This means not sharing finances, not having sexual relations, and so on.

It is important to note that you and your spouse must both be in agreement regarding the divorce before you can obtain the necessary paperwork. If you are struggling to agree on the terms, it may be helpful to use a divorce mediator or seek professional legal advice.

Once you have met the residency requirement and proven the breakdown of the marriage, you can proceed with filing for divorce by completing the required New Brunswick divorce papers and submitting them to your local court. The specific documents may vary depending on your circumstances, such as whether you have children or significant property to divide.

Overall, while the residency requirement in New Brunswick is straightforward, the divorce process can be complex, and it is important to ensure that all necessary documents are correctly completed and submitted to avoid delays.

Grounds for divorce

To file for divorce in New Brunswick, Canada, at least one of the spouses must have lived in New Brunswick for at least one full year before the commencement of divorce proceedings. Additionally, there are three grounds for divorce in New Brunswick:

Separation

If you and your spouse have been living separate and apart for at least one year, you can file for divorce on these grounds. It is important to note that living separate and apart does not necessarily mean living in separate homes. Couples can still reside in the same house for financial reasons or for their children, but they must lead independent lives. This includes not sharing finances, having separate bedrooms, and refraining from socialising or eating together.

Adultery

Adultery is another ground for divorce in New Brunswick. However, proving adultery in court can be challenging, and it is recommended to seek legal advice from a lawyer if you wish to pursue this ground for divorce.

Cruelty

If your spouse has treated you with physical or mental cruelty, you can file for divorce on these grounds. As with adultery, it may be challenging to prove cruelty in court, and speaking to a lawyer is advised.

The most common ground for divorce in New Brunswick, especially for an uncontested divorce, is separation. If you and your spouse can agree on the terms of the divorce, including property division, child custody, and support, you can file a joint application, which is typically faster and less expensive than a contested divorce.

Divorce application form

The divorce rate in New Brunswick, Canada, is lower than in many other provinces and territories. The residency requirement for filing for divorce is one year for either spouse. The province grants divorce based on the breakdown of the marriage, which can be proven in three ways: living separately and apart from your spouse for a year, adultery, or extreme cruelty. The latter two options require that you prove these circumstances to the court, so it is best to seek legal advice.

The specific divorce documents you file with the court may vary depending on your circumstances, such as if you have children or a lot of property. The Court of the Queen's Bench for New Brunswick lists the divorce forms on its website, but they are not available for download. The Family Law NB website is a public service that explains divorce and offers various divorce resources and blank copies of forms.

Some of the divorce documents that you may complete include:

• Petition for Divorce
• Joint Petition for Divorce
• Affidavit of Service
• Acknowledgment of Receipt Card
• Cover Letter for the Trial Record
• Index for the Trial Record – Affidavit Evidence
• Certificate of Readiness
• Affidavit of Evidence
• 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
• Answer to 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)

When you have completed all of the required forms, you need to make two copies of each document – one for your records and one to serve to your spouse. The original documents will be filed with the court clerk at your local courthouse. You can mail in your divorce papers or file them in person.

To "serve" your spouse, you need to deliver copies of the divorce documents so that they are made aware of the divorce. This can be done through personal service or service by mail. Personal service is where someone delivers the documents to your spouse in person. You will need to ask someone you know (who is over 18) or hire a private company to do this for a fee. Whichever option you choose, you will need to get proof of service and file this with the court.

Finalising the divorce

Once the terms of the divorce have been agreed upon by both parties or decided by the court, a final divorce order will be issued. The divorce is finalised when the order is signed and filed with the court. It is important to note that if there are any outstanding issues, such as child support or custody, the court may retain jurisdiction to deal with those matters.

The length of time it takes to finalise a divorce in New Brunswick depends on several factors, including whether the divorce is contested or uncontested, and how quickly the parties can agree on the terms. In general, an uncontested divorce can take as little as a few months to complete, while a contested divorce can take significantly longer, often up to a year or more. On average, an uncontested divorce usually takes four to six months to be finalised.

The cost of getting a divorce in New Brunswick can vary widely depending on several factors, such as whether the divorce is contested or uncontested, and whether legal representation is required. Filing fees for a divorce application are typically around $150, and additional fees may be required for things like mediation or settlement conferences. If you hire a lawyer, you can expect to pay several thousand dollars in legal fees. However, if both parties can agree on the terms of the divorce, a joint application can be filed for a much lower cost. 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.

To finalise your divorce, you will need to submit the required New Brunswick divorce papers to your local court. The specific divorce documents filed with the court may vary depending on your circumstances, such as whether you have children with your spouse or significant assets to divide. Some of the divorce documents that may be completed include the "Petition for Divorce", "Joint Petition for Divorce", and "Affidavit of Service". It is important to ensure that all the necessary documents are correctly filled out to avoid long delays in the divorce process.

Once the divorce papers have been completed, you will need to make two copies of each document – one for your records and one to serve to your spouse. The original documents will be filed with the court clerk at your local courthouse, either by mail or in person. When the court receives your application, a copy will be served to your spouse, who has 30 days to respond.

Divorce costs

Court Fees

The basic cost of filing for divorce in New Brunswick includes a $110 fee for submitting the Divorce Petition and the Clearance Certificate, as well as a $7 fee for the Certificate of Divorce. These fees are standard and apply to all divorce filings.

Legal Fees

If you choose to hire a lawyer to assist with your divorce, legal fees can vary depending on the lawyer's experience and the complexity of your case. Lawyers typically charge by the hour, and rates can range from $200 to $400 per hour or more. If you have a straightforward, uncontested divorce, you may be able to use online services or a flat-fee arrangement to keep legal fees lower.

Mediation Costs

In some cases, couples may opt for mediation to help resolve disputes related to property division, child custody, and support. Mediation services can cost a few hundred dollars per session, but they can help facilitate an agreement outside of court, potentially saving time and money in the long run.

Filing Fees for Additional Documents

Throughout the divorce process, there may be additional documents that need to be filed with the court, such as birth certificates or marriage certificates. Each document may have a small filing fee associated with it, which can add up over time.

Service of Process Fees

When serving divorce papers to your spouse, you will need to hire a process server or use certified mail. This typically costs a few hundred dollars, depending on the method chosen and the company providing the service.

Copying and Printing Fees

During the divorce process, you will likely need to make multiple copies of legal documents for your records and for filing. Printing and copying fees can vary depending on the volume of documents, but they can add up over time.

It's important to note that if you are receiving assistance under the Family Income Security Act or from domestic legal aid, there may be no filing fee for your divorce application. Additionally, uncontested divorces, where both spouses agree on key issues, tend to be less costly than contested divorces, where disputes may need to be resolved in court.

Frequently asked questions