Divorce can be a difficult and emotional process for anyone.
If you’re considering filing for divorce in New Brunswick, it’s essential to understand the legal process and the steps you need to take.
This guide will provide an overview of how to file for divorce in New Brunswick.
Grounds for divorce in New Brunswick
In New Brunswick, there are three grounds for divorce:
- Separation: If you and your spouse have been living apart for at least one year, you can file for divorce on the grounds of separation.
- Adultery: If your spouse has committed adultery, you can file for divorce on those grounds.
- Cruelty: If your spouse has treated you with physical or mental cruelty, you can file for divorce on those grounds.
Filing for divorce
To file for divorce in New Brunswick, you must first complete a divorce application form, which can be obtained from the New Brunswick Court of Queen’s Bench. The application form requires you to provide personal information about you, your spouse, and your children (if applicable), as well as the grounds for divorce.
You must then file the completed application form with the court and pay a filing fee. Once the court receives your application, a copy will be served to your spouse, who has 30 days to respond.
Negotiating the terms of the divorce
If you and your spouse can agree on the terms of the divorce, including division of property, child custody, and support, you can file a joint application for divorce. This process is typically faster and less expensive than filing a contested divorce.
If you and your spouse cannot agree on the terms of the divorce, you may need to attend mediation or a settlement conference to negotiate a resolution. If a resolution cannot be reached, the case will proceed to trial.
Finalizing the divorce
Once the terms of the divorce have been agreed upon or decided by the court, a final divorce order will be issued. The divorce is final when the order is signed and filed with the court.
It’s 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.
FAQ
How to file for divorce in New Brunswick, Canada?
To file for divorce in New Brunswick, you must complete a divorce application form and file it with the New Brunswick Court of Queen’s Bench. You’ll need to provide personal information about you, your spouse, and your children, as well as the grounds for divorce. Once the court receives your application, a copy will be served to your spouse, who has 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 for divorce.
How long does it take to get a divorce in New Brunswick?
The length of time it takes to get 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 of the divorce. 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.
What form do you need for divorce?
To file for divorce in New Brunswick, you’ll need to complete a divorce application form, which can be obtained from the New Brunswick Court of Queen’s Bench. This form requires you to provide personal information about you, your spouse, and your children, as well as the grounds for divorce. Once you complete the form, you must file it with the court and pay a filing fee.
How much does it cost to get a divorce in New Brunswick?
The cost of getting a divorce in New Brunswick can vary widely depending on several factors, including whether the divorce is contested or uncontested, and whether you hire a lawyer to represent you. 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 you and your spouse can agree on the terms of the divorce, you may be able to file a joint application for a much lower cost.
Getting Divorced in New Brunswick
Filing for divorce in New Brunswick can be a complex and emotional process, but understanding the legal requirements and steps involved can help make the process smoother. By knowing the grounds for divorce, completing the necessary forms, negotiating the terms of the divorce, and finalizing the divorce order, you can successfully file for divorce in New Brunswick. If you’re considering divorce, it’s important to seek legal advice and support to ensure that your rights and interests are protected throughout the process.
