Newfoundland Divorce Forms

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

Newfoundland Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide Newfoundland Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Newfoundland . 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 Newfoundland, Canada 

If you have finally decided to get divorced, you have probably gone through an unbelievable amount of stress. It is therefore understandable if you want the process to be completed the fastest and cheapest way possible. It’s a good thing Newfoundland and Labrador makes it possible for couples to get divorced in a straightforward manner. As long as you have an uncontested divorce, all you need to do is complete the required forms and submit them directly to the local court. With our help, you can make sure you fill out the right forms in the right manner.

In case you and your spouse are disagreeing on issues like child custody or property division, you may need the help of a professional divorce mediator. Through the mediator’s help, you can arrive at an agreement that will be favorable for you both, allowing you to go after a complication-free uncontested divorce.

Below are some information on how divorce is done in Newfoundland and Labrador.

 

Newfoundland Divorce Facts 

2008 numbers from Statistics Canada showed that there were 17.9 divorces in Newfoundland and Labrador for every 10,000 residents, putting it on the lower end of the spectrum in terms of divorce rates throughout Canada.

Just like the rest of the country, you can prove the breakdown of your marriage and file for divorce using three grounds – extreme cruelty, adultery and separation over a span of a year. This separation may include time that you and your spouse spent under the same roof, as long as you have not been acting as a married couple throughout that time period.

 

Newfoundland Divorce Papers and Forms 

Every divorce requires a different set of forms, depending on the circumstances that come with it. The Supreme Court of Newfoundland and Labrador website has an FAQ page you can check in case you have questions about the requirements. You may also get self-help kits to start the process of completing your divorce forms.

Note that any mistake you make in completing the forms may lead to delays and additional costs. This is why we want to help out through our form completion service. We can ensure that your divorce gets completed the fastest and cheapest way possible by allowing you to submit the right set of forms completed the right way.

 

How to File Divorce Papers in Newfoundland 

Upon completing your forms, note that you will need 2 additional copies of each form. Aside from the copy you will be submitting to the court, you would also need one to serve to your spouse, and one for your personal records.

Make sure you prepare the appropriate fees when filing your divorce papers. Find the nearest court under the Supreme Court of Newfoundland and Labrador to file the papers and pay the fees. After this, the court clerk will give you further instructions on what the next steps will be.

 

How to Serve Divorce Papers in Newfoundland 

If you jointly filed for the divorce, there will be no need for you to serve copies of the divorce forms to your spouse. Otherwise, you would have to find someone over the age of 18 to serve the papers for you, as you are not allowed to do it yourself. If you refuse to involve family or friends, there are private process servers you can pay to do it for you. This is usually the most efficient way to do it.

Once the papers are served, the person who delivered the papers will have to fill out an “Affidavit of Service”. This affidavit will then be filed to the court to complete the filing process.

 

Divorce Residency Essentials to Get Divorce in Newfoundland 

Every province has residency requirements, and Newfoundland is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For Newfoundland, 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 Newfoundland.  

 

Reasons for Divorce in Newfoundland 

There are two primary categories of divorce filing in Newfoundland. They are fault and no-fault.  In order to file for divorce in Newfoundland, 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 Newfoundland 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 Newfoundland 

A court in Newfoundland 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 Newfoundland 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.

Newfoundland 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 Newfoundland 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.

 

Newfoundland 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. 

 

Newfoundland 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. Newfoundland driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

Newfoundland 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 Newfoundland for mediation.

 

 

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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.

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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.

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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