Fredericton residents file for divorce at the Court of King's Bench, Family Division, located at 427 Queen Street in downtown Fredericton (P.O. Box 6000, E3B 5H1). This office serves the Judicial District of Fredericton, which covers York, Sunbury, and Queens counties. A New Brunswick divorce lawyer in Fredericton typically handles the Petition for Divorce, financial disclosure, and any parenting or property issues, while the $110 filing fee and one-year residency rule apply uniformly across the province.
The Family Division process did not change when, on October 6, 2025, Trial Division and Probate filings for the Fredericton district moved to the Burton Courthouse at 23 Route 102, Burton. Divorce and other family matters continue to be filed at the 427 Queen Street office. If you walk in a petition or pick up forms, this is the building near the New Brunswick Legislative Assembly and the downtown waterfront where the registrar accepts your documents.
Key Facts: Filing for Divorce in Fredericton
| Detail | Fredericton / New Brunswick |
|---|---|
| County | York County (Judicial District of Fredericton) |
| Filing court | Court of King's Bench, Family Division |
| Court address | 427 Queen Street, P.O. Box 6000, Fredericton, NB E3B 5H1 |
| Filing fee | $110 ($100 petition + $10 clearance certificate) |
| Residency requirement | One spouse ordinarily resident in NB for 12 months |
| Waiting period | One year separation (most common ground) |
| Property model | Equal division (Marital Property Act, RSNB 2012, c 107) |
How do I file for divorce in Fredericton, New Brunswick?
To file for divorce in Fredericton, submit a Petition for Divorce (Form 72A) or a Joint Petition for Divorce (Form 72B) to the registrar at the Court of King's Bench, Family Division, 427 Queen Street, and pay the $110 fee. At least one spouse must have lived in New Brunswick for one year before filing.
The one-year residency requirement comes from the federal Divorce Act, s. 3(1). You then need a ground for divorce under Divorce Act, s. 8: a one-year separation, adultery, or physical or mental cruelty. Most Fredericton couples use the one-year separation ground because it does not require proving fault. After filing, your spouse is served, and if the matter is uncontested you proceed to an affidavit-based hearing without appearing in court. The registrar issues a divorce judgment, and you can later obtain a Certificate of Divorce (Form 72O) for a $7 fee as proof you are free to remarry.
Where do I file for divorce in Fredericton? (which courthouse)
Fredericton divorces are filed at the Court of King's Bench, Family Division, 427 Queen Street, Fredericton, NB E3B 5H1 (mailing address P.O. Box 6000). This office covers York, Sunbury, and Queens counties. Despite the October 2025 move of non-family filings to Burton, Family Division divorce filings remain at the Queen Street location.
This matters because Fredericton sits in the Judicial District of Fredericton, one of New Brunswick's eight judicial districts. You file in the district where you or your spouse resides, or where the children ordinarily reside if parenting issues are involved. So a resident of Fredericton, Oromocto, Hanwell, New Maryland, or surrounding York County communities files here rather than in Saint John or Moncton. The Queen Street courthouse is steps from the provincial Legislature and the historic Garrison District, making it accessible for downtown filers and those driving in from the Fredericton suburbs along Regent Street and the Trans-Canada corridor.
How much does a divorce lawyer cost in Fredericton?
A Fredericton divorce lawyer typically charges $200 to $375 per hour, with an uncontested divorce running roughly $1,200 to $2,500 in legal fees plus the $110 court filing fee. A contested divorce involving disputed property or parenting can cost $7,000 to $25,000 or more depending on whether the case reaches trial.
Many Fredericton firms offer flat-fee packages for simple uncontested cases, often $999 to $1,800 inclusive of preparing the petition and corollary relief documents. The court fee itself is fixed: $100 for the petition plus $10 for the Central Registry clearance certificate under Rule 72.24, totalling $110. New Brunswick residents receiving social assistance under the Family Income Security Act, or those represented through Legal Aid, are exempt from the filing fee under Rule 72.24(2). To estimate your full budget, use the divorce cost estimator before booking a consultation.
How long does a divorce take in Fredericton?
An uncontested divorce in Fredericton usually finalizes in four to six months from filing to the divorce judgment becoming effective. The judgment takes effect 31 days after it is granted, so you cannot remarry until that window passes. Contested cases involving property or parenting disputes commonly take 12 to 24 months.
The main driver of timing is the one-year separation ground. You can file the petition once you have been separated for close to a year, but the divorce is typically granted only after the full 12-month separation period has run. After the judge grants the divorce, the 31-day appeal period must expire before the judgment is effective. If you and your spouse agree on parenting time, decision-making responsibility, support, and property, the affidavit process moves quickly. Disputes over the equal division of marital property or a parenting order extend the timeline considerably, especially if a case management conference or trial date is required.
What are the residency requirements to file in York County?
There is no county-level residency rule. To file for divorce in Fredericton or anywhere in New Brunswick, at least one spouse must have been ordinarily resident in the province for at least 12 months immediately before filing, under the federal Divorce Act, s. 3(1). Living anywhere in New Brunswick for one year qualifies you to file at the Fredericton court.
This residency requirement is about the province, not York County or the city of Fredericton specifically. Canadian citizenship is not required; any legally married couple where one spouse meets the 12-month New Brunswick residency can file, regardless of immigration status or where the marriage occurred. The requirement is separate from the one-year separation ground for divorce, which is a different one-year clock. You can satisfy provincial residency while your separation period is still running.
How is property divided in a Fredericton divorce?
New Brunswick uses an equal division model. Under the Marital Property Act, s. 3, each spouse is presumptively entitled to an equal share of marital property and bears an equal share of marital debts when the marriage breaks down. The presumptive starting point is a 50/50 split, not a discretionary equitable division.
Marital property includes the family home, vehicles, and assets used for household, educational, recreational, or social purposes. Business assets are generally excluded unless one of the circumstances in Marital Property Act, s. 8 applies. A court can order an unequal division under section 7 where an equal split would be inequitable, such as where one spouse unreasonably impoverished the marital property. A critical deadline applies: under section 3(2), an application to divide marital property must be made within 60 days after the divorce takes effect. Common-law couples are not covered by the Marital Property Act, though the Family Law Act (SNB 2020, c 23) may grant support rights. To model an outcome, see the property division tool.
How are parenting arrangements decided in Fredericton?
Parenting arrangements in Fredericton are governed by the federal Divorce Act and New Brunswick's Family Law Act (SNB 2020, c 23), which since March 1, 2021 use the terms parenting time, decision-making responsibility, and parenting orders rather than custody and access. The court decides based on the best interests of the child.
In a divorce, Fredericton parents receive two final orders: a divorce judgment and a Corollary Relief Order setting out parenting time, decision-making responsibility, and child support. Decision-making responsibility covers major matters such as the child's school, medical care, and religious upbringing, while parenting time sets the schedule each parent has with the children. Child support follows the Federal Child Support Guidelines, calculated on the paying parent's income and the number of children. You can estimate amounts using the Canada child support calculator before negotiating a parenting plan.