New Brunswick
Divorce Process in New Brunswick
11 min read
Updated
Getting Divorced in New Brunswick
New Brunswick divorces are processed through the Court of King's Bench, Family Division. The federal Divorce Act applies with New Brunswick-specific court procedures. As Canada's only officially bilingual province, you can conduct your divorce proceedings in either English or French.
Grounds for Divorce
New Brunswick follows the federal Divorce Act grounds: one year of separation (most common), adultery, or mental or physical cruelty. The separation ground is most frequently used and doesn't require either spouse to be 'at fault.'
Residency Requirement
Either you or your spouse must have lived in New Brunswick for at least one year before filing. File with the Court of King's Bench Family Division in the judicial district where you live.
Filing Process
Begin with a Petition for Divorce. Uncontested divorces can proceed without a hearing through a desk divorce process. Contested matters require applications, case management conferences, and potentially trial.
Timelines and Costs
Uncontested divorces typically take 3-4 months. Contested matters take longer depending on complexity. Court fees are approximately $150-200 for filing. Legal costs vary widely based on complexity.
Frequently Asked Questions
Can I get divorced in French in New Brunswick?
Yes, New Brunswick is Canada's only officially bilingual province. You can conduct your entire divorce proceeding in either English or French, including all court documents and hearings.
How long does a divorce take in New Brunswick?
Uncontested divorces typically take 3-4 months. Contested divorces can take 1-2 years or longer depending on complexity.
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- Court of King's Bench Family Division— New Brunswick Courts
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Key Facts: New Brunswick
Filing Fee
$150-200
Waiting Period
1 year of separation
Common-Law Threshold
3 years cohabitation or relationship with child for support; limited property rights
Property Division
Equal division of marital property
Child Support
Federal Child Support Guidelines + New Brunswick Table
These facts provide a general overview. Your specific situation may have unique considerations.
