Doing Your Own Divorce in New Brunswick (for areas outside Saint John and Moncton): A Step-by-Step Guide

Step 1: Prepare Your Petition for Divorce

When embarking on the journey of doing your own divorce in New Brunswick*, the first crucial step is preparing your Petition for Divorce. If you are proceeding solo, use Form 72A. Alternatively, if both parties are petitioning the court together, Form 72B is required.

Step 2: File the Petition with the Registrar

Once your petition is prepared, file it with the Registrar. Be prepared to wait 2-3 weeks for the Registrar to return the original Petition bearing a "Court File" number. This is a vital document as the process cannot proceed without it.

Step 3: Serve the Divorce Petition

The next step requires you to serve the Divorce Petition and any attachments to your spouse. Importantly, you cannot serve these documents yourself. Arrange for another adult or a process server, or use registered mail or courier services. Remember, you have six months to serve these documents, and timing for a response depends on your spouse's location.

Step 4: Prepare the Trial Record

Preparation of the Trial Record is your next mission. This package includes the Index, affidavits, proof of service, original Petition, and any attachments. Decide whether you’re proceeding with Affidavit Evidence or a Court Hearing. Uncontested divorces generally lean towards affidavit evidence. Await the “Clearance Certificate” from the Central Divorce Registry in Ottawa, which might take up to 2-3 months.

Step 5: File the Trial Record

With your Clearance Certificate and necessary documents in hand, you're set to file your Trial Record. Within five days of swearing your affidavit of evidence before a Commissioner of Oaths, the filing process at the Court of King’s Bench, Family Division in your Judicial District must be completed. Remember, do not file without your Clearance Certificate as it is crucial for proceeding.

Step 6: Get Your Divorce Judgment

Following the filing, you’ll wait approximately 4-6 weeks for your Divorce Judgment, barring any errors or omissions. This judgment provides an initial approval, with the divorce becoming effective on the 31st day post-judgment unless there's an appeal or a judge orders otherwise.

Step 7: Obtain Your Certificate of Divorce

Finally, 31 days after your Divorce Judgment, apply for your Certificate of Divorce. This important document serves as concrete proof of your divorce. Apply through the Office of the Registrar in Fredericton, any SNB Office, or order it online for a nominal fee of $7.00.

 

Undertaking your own divorce in New Brunswick demands attention to detail and patience. Yet, by following these steps diligently, you can navigate the process successfully.

 

Have questions or need advice? We are here to support you with your divorce or any other family law questions. Contact us today for trustworthy, thorough, and thoughtful guidance and clarity. We're ready to help you make informed decisions today. 

 

Please note that this blog does not apply to applying in the judicial districts of Saint John or Moncton. For more information about doing your own divorce in Saint John or Moncton, click here or call (506) 453-5369.