Divorce In New Brunswick: Diy Guide

If you're considering doing your own divorce in New Brunswick, Canada, you'll be glad to know that the process can be relatively straightforward, especially if you and your spouse agree on issues like property division, child custody, and child support. The first step is to determine if you meet the residency requirement of one year for either spouse. The grounds for divorce in New Brunswick are the breakdown of the marriage, which can be proven in three ways: living separate and apart for a year, adultery, or extreme cruelty. If you're pursuing an uncontested divorce, the cost can be between $260 and $440, including filing fees. You'll need to complete the required divorce papers, such as the Petition for Divorce and Affidavit of Service, and submit them to your local court, either by mail or in person. Serving your spouse with copies of the documents can be done through personal service or registered mail.

Residency requirements

To file for divorce in New Brunswick, Canada, you must meet the residency requirements. This means that either you or your spouse must have lived in New Brunswick for a full year immediately before making your application.

There is an exception to this rule for certain non-residents who were married in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada's Divorce Act. However, if you meet the following two criteria, you may be able to end your marriage under the Civil Marriage Act:

• You were married in Canada.
• You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.

To prove your residency in New Brunswick, you must submit at least two documents from a list of accepted documents. These include:

• A utility bill from the most recent billing cycle (monthly, quarterly, or semi-annually) that includes the name of the applicant or their legal guardian, immediate family member, spouse, or common-law partner.
• The current year's property tax bill or notice of assessment from a bank or lawyer's office.
• A benefit confirmation issued by the Government of Canada for the current year, such as the Universal Child Care Benefit, Employment Insurance, GST/HST Credit, or Canada Pension Plan.
• A New Brunswick Social Development Health Card.
• Employment confirmation, such as a pay stub, T4, or letter from the employer.
• A home or auto insurance policy or card received in the mail (electronic proof is not accepted).
• A Firearms Possession card with an accompanying letter showing the name and address.

Grounds for divorce

To file for divorce in New Brunswick, Canada, you must meet certain criteria. At least one spouse must have lived in New Brunswick for at least a year before the commencement of divorce proceedings. Additionally, you must be living separate lives at the time the divorce action is started. It is important to note that living separate and apart does not necessarily mean living in different homes; it refers more to leading independent lives with separate bedrooms, no sexual relations, and no longer performing functions normally expected of a married couple.

There are three grounds for divorce in New Brunswick:

Separation

The most common ground for divorce in New Brunswick is separation, with 97% of New Brunswickers using this as proof of marriage breakdown. To file for divorce on these grounds, you and your spouse must have lived separate and apart for at least one year immediately before the court decision.

Adultery

Adultery is another ground for divorce. However, proving adultery can be challenging, and it is recommended to seek legal advice if you wish to pursue this route.

Cruelty

Physical or mental cruelty by one spouse towards the other is also a ground for divorce. As with adultery, it can be difficult to prove cruelty, and consulting a lawyer is advised if you plan to use this as a ground for divorce.

Overall, the breakdown of the marriage is the sole ground for divorce in New Brunswick, and the above-mentioned reasons are ways to prove that the marriage has broken down.

Divorce paperwork

Some of the divorce documents you may need to 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 all the relevant divorce forms on its website, but they are not available for download. For this reason, it is recommended to visit the Family Law NB website, a public service that explains divorce and offers various resources.

Once you have completed all the necessary online divorce papers, it is important to make two copies of each document. Keep one copy for your records, and use the other to serve your spouse. You will need to submit the original documents to the court clerk at your local courthouse, either by mail or in person. There is a fee associated with filing for divorce, which includes the cost of the divorce petition, clearance certificate, and certificate of divorce. If you are receiving legal aid or assistance under the Family Income Security Act, there is no filing fee for your divorce application.

To "serve" your spouse means to deliver copies of the divorce documents to them, making them aware of the divorce. This can be done through personal service, where someone over 18, who you know or a hired company, delivers the documents in person. Alternatively, you can have someone mail the documents to your spouse using registered mail, and the receipt of delivery can serve as proof of service.

Serving divorce papers

Methods of Service

There are several methods to serve divorce papers to your spouse in New Brunswick. The most common method is through personal service, where someone delivers the divorce documents to your spouse in person. This cannot be done by you, so you will need to ask a third party who is over 18 years old to serve the papers, or you can hire a private company to do it for a fee. The person serving the documents will need to provide proof of service, which you will then file with the court.

If personal service is not feasible, you can opt for service by mail or registered mail. In this case, the divorce papers are mailed or sent via registered mail to your spouse's address. The receipt of delivery can serve as proof of service.

Documents to Serve

When serving divorce papers, you will need to provide your spouse with copies of the relevant divorce documents. The specific documents may vary depending on your circumstances, such as whether you have children or significant assets to divide. However, some common documents that may be included are:

• Petition for Divorce
• Joint Petition for Divorce (if applicable)
• Financial Statement and Income Information
• Affidavit of Service
• Acknowledgment of Receipt Card

Timing of Service

The timing of serving divorce papers is important. In New Brunswick, once the divorce application is filed with the court and served to your spouse, they have 30 days to respond. 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.

Seeking Professional Help

Court fees

Filing Fees

When filing for divorce, there are basic fees that need to be paid to the court. The cost of filing for an uncontested divorce in New Brunswick typically ranges from $260 to $440. This includes a $110 fee for filing the Divorce Petition and the Clearance Certificate, as well as a $7 fee for the Certificate of Divorce. If you are receiving assistance under the Family Income Security Act or through domestic legal aid, there is no filing fee required for your divorce application.

Additional Costs

Aside from the standard filing fees, there may be other costs associated with your divorce. These can include:

• Hiring a lawyer for specific questions or tasks: While you may choose to handle the divorce yourself, there might be instances where legal advice is necessary.
• Certified copies of birth and marriage certificates: Obtaining official copies of these documents may incur a fee.
• Pre-printed forms and photocopying of documents: There may be costs associated with purchasing the required forms and making copies of supporting documentation.
• Serving documents: You will need to hire someone to deliver the divorce documents to your spouse, and they will charge a fee for this service.
• Commissioner of Oaths: There may be fees for swearing affidavits or declarations.

Reducing Costs

To minimise court fees, it is advisable to agree on as many terms as possible with your spouse. An uncontested divorce, where both parties agree on issues like property division, child custody, and child support, tends to be more cost-effective. Additionally, if you qualify for legal aid or have a low income, you may be eligible for assistance with court fees and legal representation.

Frequently asked questions