Nova Scotia Divorce Forms

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

Nova Scotia Divorce Law

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

Getting divorced is not an easy decision to make. Because you are here, it is safe for us to say that you have seen your fair share of stress brought about by the divorce process. Now that you have made a decision, it is understandable that you want to move forward as quickly as possible. It’s a good thing the Province of Nova Scotia has a straightforward divorce process. An uncontested divorce will make things easier, knowing that there will be no complications due to child custody, child support or property division disputes. From here, it is possible to complete your divorce without the need to pay for an attorney. If you are qualified, you can prepare the required forms and submit them to the courts directly.

We have made the process of completing your forms less complicated. This gives you the chance to have the right set of forms filled out the right way for a more seamless divorce filing process.

If there are disputes in terms of child custody, child support or property division, it is best to get a divorce mediator to sort the conflict. Professional mediators have the necessary training needed to help you arrive at terms favorable for both of you, making it possible to have an uncontested divorce. This also allows you to cut back on divorce costs and complete the process much faster.

The information below should help you have a better understanding of the divorce process in Nova Scotia.

 

Nova Scotia Divorce Facts 

Statistics Canada says that in 2008, there were 20.3 divorced people in every 10,000 residents in Nova Scotia. This places the province in the middle of the spectrum among all Canadian provinces and territories.

Just like all other provinces and territories in Canada, divorce is granted for those who can prove the breakdown of their marriage. Three grounds can be used – adultery, extreme cruelty, and living separately for at least a year. Among the three, the last option is the most popular. Note that you can still use this as grounds for divorce even if you are living under the same roof, as long as there are no sexual relations.

 

Nova Scotia Divorce Papers and Forms 

Different circumstances require a different set of divorce forms. Instances where there are children involved, or if there are existing disputes in property division, would mean that there are additional forms to be submitted. Forms could also vary depending on which area in Nova Scotia you live in. All these forms are available on the Nova Scotia Family Law website.

You’ll see that there is a wide variety of different forms used in the divorce process in Nova Scotia. This makes things confusing, especially for those with little to no legal background. You may end up submitting the wrong set of forms, or making incorrect entries. This would lead to additional delays and fees. This is why it is recommended going through the services that we offer. We can ensure you have all the right forms, filled out the right way.

 

How to File Divorce Papers in Nova Scotia 

Always make sure you have two additional copies of your divorce papers. One will be submitted to the courts, one will be served to your spouse, and one will be part of your own records. Prepare the necessary filing fee as well. Because this may vary from time to time, it is best to call ahead and check the clerk of court how much the filing fee is. You can also check which court covers your area.

Once the papers are submitted and the fees are paid, the clerk of court will inform you about the next steps. These steps would vary depending on the circumstances of your divorce. They will also give you a clear picture of what to expect.

 

How to Serve Divorce Papers in Nova Scotia 

Once your forms are filed, the clerk of court will ask you to serve copies to your spouse. This step can be skipped, however, if you filed for the divorce jointly. This is also something that you cannot do personally, but you can ask a friend or family member to do it for you, as long as they are 19 years old and above.

If you do not want your friends or family members to get involved, you can also pay a private process server to do it for you.

Once the papers have been served, the one who delivered the papers should complete an “Affidavit of Service”, which will be submitted to the courts as part of the filing process.

 

Divorce Residency Essentials to Get Divorce in Nova Scotia 

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

 

Reasons for Divorce in Nova Scotia 

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

A court in Nova Scotia 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 Nova Scotia 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.

Nova Scotia 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 Nova Scotia 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.

 

Nova Scotia 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. 

 

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

 

Property Distribution 

Nova Scotia 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 Nova Scotia 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.

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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    Answer each of the questions we will ask you and the forms will be completed for you.

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    Print our state approved completed forms, and file the divorce forms in the court.

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