If you have reached the point in your marriage where divorce seems like the best option, you are probably ready to move forward with your decision in easiest and least expensive manner. Fortunately, getting divorced in New Brunswick can be relatively straightforward, particularly if you and your spouse qualify for an uncontested divorce – one where you both agree on issues like property division, child custody and child support (if you have children). You simply have to complete the required New Brunswick divorce papers and submit it to your local court.
Filling out your New Brunswick divorce papers online with CompleteCase.com makes the process even to easier. Our divorce form preparation service identifies the right documents for your needs and helps you ensure that they are filled out correctly and completely.
If you and your spouse are struggling to agree on the terms of your divorce, it may be useful to use a divorce mediator. Mediation in New Brunswick gives you the opportunity to work with a professional divorce mediator, someone trained to help divorcing couples work through tough choices. If yours situation is more involved, you may want to seek out professional legal advice.
The following information is here to help you understand the basics of filing for divorce in New Brunswick. With this knowledge, you can begin to move forward with your own divorce.
According to Statistics Canada, in 2008 the divorce rate in New Brunswick was 19.5 for every 10,000 residents. This divorce rate is lower than many other provinces and territories in Canada.
The residency requirement for filing for divorce in New Brunswick is one year for either you or your spouse. New Brunswick grants divorce based on the breakdown of the marriage. You can prove the breakdown of the marriage in three different ways. The most common way is by living separate and apart from your spouse for a period of one year due to the breakdown of the marriage. You can still reside in the same house for that period if necessary, such as for financial reasons or for children, but you cannot be acting as though you are married – sharing finances, having sexual relations, etc.
You can also get a divorce based on adultery or extreme cruelty, but doing so requires proving these circumstances to the court. If you need to prove either of these to the court, it is best to seek out the help of a lawyer.
The specific divorce documents you file with the court may vary depending on your circumstances, such as if you have children with your spouse, or you have a lot of property to divide between you. Some of the divorce documents that you may 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 various divorce forms on its website, but it does not make them available for download at this time. If you want to get the forms online, you will need to go to the Family Law NB website, a public service by the province that explains divorce and offers a number of different divorce resources. It is advisable that you read over all the information provided on the site. The more informed you are during your divorce, the better you can look out for your best interests.
If you find the long list of documents a bit confusing, you are not alone. Many people are not sure which forms they should use or how to fill the forms out correctly. Missing forms or missing information can cause long delays in your divorce, so it is important that you get everything correct before you file.
For many people, using online divorce papers from CompleteCase.com is the easiest way to find and complete their divorce documents. CompleteCase.com helps you make sure that you are completing all of the right documents, and that those documents are filled out correctly. These services can provide real peace of mind in a normally stressful process.
When you have completed all of your online divorce papers, you need to make two copies of each document – one for your records, one to serve to your spouse. You will use the original documents to file with the court clerk at your local courthouse.
You have the option of mailing in your divorce papers or filing them in person. If possible, it is best to file the papers in person so you have the chance to talk to the clerk about what your next steps should be. You will need to pay a fee to file. Once you have filed, the clerk will give your further instructions based on your circumstances.
To “serve” your spouse, you need to deliver copies of the divorce documents to your spouse so he or she is made aware of the divorce. There are several ways you can do this, including personal service, service by mail.
The most common method is personal service, where someone delivers the documents to your spouse in person. You are not allowed to do this, so you will need to ask someone you know (who is over 18) to serve the documents, or you will need to hire a private company to do it. The company will charge a fee, but because they are professionals, you can expect the service to happen in a timely manner. Whichever option you choose, you will need to get proof of service from the individual that served the documents and file this proof with the court.
If personal service is not an option you can have someone mail the documents to your spouse. using registered mail. The receipt of delivery can be used as proof of service. Once the court has a completed “Affidavit of Service”, your divorce will be reviewed by the court.