Download completed divorce forms based upon the answers you provide in the online interview. We provide New Brunswick Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in New Brunswick . Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
Divorce in New Brunswick, Canada
If you have finally realized that there is no other way to go, then you would probably want to get through your divorce the fastest and cheapest way possible. It’s a good thing divorces in New Brunswick are straightforward, especially if you’re pushing for an uncontested divorce. Without further conflict on child custody, child support or property division, all you need are the required forms to be submitted to your local courts.
We can help you make the process even less complicated. We have put together a seamless form preparation process that helps you make sure you have the right papers, filled out in the right manner.
It’s normal for couples to have conflicting opinions on the terms of the divorce. In this case, a divorce mediator proves to be helpful. A professional divorce mediator in New Brunswick will help you come up with conditions that are more agreeable to both parties, allowing you to go after an uncontested divorce proceeding.
We have put together some information that will help you understand the divorce process better.
New Brunswick Divorce Facts
Statistics Canada says that New Brunswick had 19.5 divorces in every 10,000 residents in 2008. Compared to other provinces and territories in Canada, this falls at the lower end of the spectrum.
To qualify for a divorce in New Brunswick, either you or your spouse must meet the minimum residency requirement of one year. You must also prove the breakdown of your marriage caused by three acceptable grounds – adultery, extreme cruelty or being separated for at least a year. Note that this separation also covers the period of time that you’re living under the same roof, but without sexual relations.
In case you are filing for a divorce on the grounds of adultery or extreme cruelty, you will have to prove this is court. This means you may need the help of a lawyer.
New Brunswick Divorce Papers and Forms
The set of forms required would depend on the circumstances of your divorce. Some factors to consider would be the presence of minor children or the need to divide a huge estate. Some of the basic forms to be filled out would be a “Petition for Divorce” or a “Joint Petition for Divorce”.
You may find the different forms you will need on the New Brunswick Family Law website. You can also find more information on New Brunswick divorce laws in the site.
There is a long list of forms available, so it is normal for people without a legal background to become confused on which forms apply to them. There are also specific ways on how you should fill out each form. Mistakes on these forms will mean additional delays and costs. This is what we’re here for. Through our form completion service, you can be confident with the quality of the forms you will be submitting to the courts.
How to File Divorce Papers in New Brunswick
Always make sure to furnish two additional copies of your completed forms. You will need one set for your own records, one for the courts, and one for your spouse.
You can either mail your forms to the court, or you can file them in person. Filing the forms in person will allow you to ask questions, so this could prove to be a better option. The clerk will also give you information on what your next steps will be.
How to Serve Divorce Papers in New Brunswick
Serving your spouse would mean giving him or her a copy of the forms filed. Note that if the divorce was filed jointly, there is no need to do this.
You cannot serve the papers to your spouse personally. You may, however, ask a family member or a friend over the age of 18 to do this for you. You also have the option of hiring a private company to do this for you.
The person serving the papers will have to fill out an “Affidavit of Service”, which will be submitted to the courts as well.
Divorce Residency Essentials to Get Divorce in New Brunswick
Every province has residency requirements, and New Brunswick is no different. If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely. For New Brunswick, the requirements are:
When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for divorce.
The divorce may be filed for in any of the following:
Reasons for Divorce in New Brunswick
There are two primary categories of divorce filing in New Brunswick. They are fault and no-fault. In order to file for divorce in New Brunswick, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in New Brunswick include:
General reasons include, but are not limited to:
Custody of the Children in New Brunswick
A court in New Brunswick grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.
New Brunswick officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse.
Factors taken into consideration for New Brunswick include:
Joint custody may be awarded. However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.
New Brunswick Spousal Support Guidelines
The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves.
This award may be made out of the property belonging to the other spouse, unless it is separate property (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.
In applying the statewide uniform guideline, the courts will consider the following:
New Brunswick Child Support Guidelines
A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. New Brunswick driver’s licenses may be suspended for failure to pay child support.
New Brunswick is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.
There is no legal provision in New Brunswick for mediation.
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FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.
Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.
Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.
FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.
Simply register online, pay the small fee, gather your papers and ready to get a divorce.
Answer each of the questions we will ask you and the forms will be completed for you.
Print our state approved completed forms, and file the divorce forms in the court.
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