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.

Ready to explore your options?

Get a personalized overview of what divorce process in new brunswick might look like in your specific situation.

Start Your Free Assessment

Sources & References

Talk to a lawyer in New Brunswick

Find a family law professional who uses DivorceParty in your area.

Find a Lawyer

No commitment. Free to browse.

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.