New Brunswick Divorce Forms

File for divorce online in 1 hour or less with our court approved New Brunswick divorce papers.

New Brunswick Divorce Law

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.

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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: 

  • The county where the defendant resides;
  • The county where the spouses both resided at the time of their separation; or
  • The county where the plaintiff resides if the defendant is a non-resident of New Brunswick.  

 

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:

  • Voluntary separation lasting more than a year.

 General reasons include, but are not limited to:

  • Adultery
  • Living separate and apart without cohabitation for over two years without the husband supporting the wife (divorce must be filed by wife); 
  • Mental or physical cruelty committed by the other party.

 

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.

  • Best interests of the child:  When children who are minors are involved in a divorce, the New Brunswick courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
  • The age and sex of the child;
  • The safety and well-being of the child.
  • The moral character of the parents.

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:

  • Parental custody agreement;
  • Parental cooperation;
  • Parental ability to encourage love and sharing;
  • Any history of abuse.
  • Geographic proximity of parents. 

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: 

  • The value of the estate of both spouses.
  • The condition of the spouse’s family.  Up to 50% of a spouse’s retirement benefits may be used for alimony if the retirement was accumulated during a marriage of ten years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. 

 

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.

 

Property Distribution

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.

 

Divorce Mediation 

There is no legal provision in New Brunswick for mediation.

 

 

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Online Document Creation: All online divorce forms completed in real time and available for instant filing and delivery in your local court house.

Dedicated Case Manager: Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Unlimited Document Updates: We are happy to do any changes at any time to help you through this process.

100% Money Back Promise: We guarantee our forms will be accepted by the court or your money back.

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.

Unlimited Telephone Support: Our support team is on hand every business day from 8am PST – 5pm PST to answer any questions.

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  • 2. Answer the Questions:

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  • 3. File the Documents:

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