Saint John residents file divorce proceedings at the Court of King's Bench, Family Division, located at the Saint John Law Courts, 10 Peel Plaza, in the city's uptown core near King Square. This judicial district serves all of Saint John, Kings, and Charlotte Counties, so anyone living in the city proper, on the West Side, in the North End, or in surrounding communities like Rothesay and Quispamsis files at this same Peel Plaza courthouse. The total filing fee is $110 CAD, and at least one spouse must have ordinarily resided in New Brunswick for one year before filing, per section 3(1) of the federal Divorce Act. A Saint John divorce lawyer typically charges $1,500 to $5,000 for an uncontested matter, with contested cases running higher.
Key Facts: Divorcing in Saint John, New Brunswick (2026)
| Detail | Saint John Specifics |
|---|---|
| Judicial district / county | Saint John (covers Saint John, Kings & Charlotte Counties) |
| Filing court | Court of King's Bench, Family Division |
| Court address | Saint John Law Courts, 10 Peel Plaza, Saint John, NB E2L 3G6 |
| Court phone | (506) 658-2400 |
| Filing fee | $110 CAD ($100 petition + $10 Clearance Certificate) |
| Residency requirement | One spouse resident in NB for 1 year before filing |
| Waiting period (no-fault) | 1 year living separate and apart |
| Property model | Equal division (Marital Property Act, RSNB 2012, c. 107) |
How do I file for divorce in Saint John, New Brunswick?
To file for divorce in Saint John, complete a Petition for Divorce (Form 72A) and submit it to the Court of King's Bench Family Division at 10 Peel Plaza with the $110 filing fee. The court mandates a $100 petition fee plus a $10 Central Registry Clearance Certificate under Rule 72.24 of the Rules of Court. You are the Applicant; your spouse is the Respondent.
The practical steps for a Saint John filing run in this order:
- Confirm jurisdiction: you or your spouse must have lived in New Brunswick for at least one year.
- Establish a ground for divorce under section 8 of the Divorce Act: one year of separation, adultery, or cruelty.
- Prepare your Petition for Divorce and supporting affidavits.
- File in person or by mail with the Saint John Law Courts registry at 10 Peel Plaza, with payment by cheque or money order to the Minister of Finance for the Province of New Brunswick.
- Serve the Respondent and file proof of service.
Saint John allows self-represented filings, which keeps costs to the $110 fee plus disbursements. The toll-free Family Law Information Line at 1-888-236-2444 answers procedural questions for self-filers.
Where do I file for divorce in Saint John? (which courthouse)
Saint John divorce petitions are filed at the Saint John Law Courts, 10 Peel Plaza, Saint John, NB E2L 3G6, the home of the Court of King's Bench Family Division for the judicial district. The registry phone is (506) 658-2400. This single courthouse serves residents of Saint John, Kings, and Charlotte Counties, so there is no separate filing office for the uptown, East Side, or West Side.
Older divorce forms circulating online list the court at 110 Charlotte Street, the previous location. That address is outdated. The court relocated to the purpose-built Saint John Law Courts at 10 Peel Plaza, a short walk from King Square and the city's central business district. Always use the Peel Plaza address on current filings to avoid rejected or misdirected documents. Parking and transit access are available near Peel Plaza, and the registry counter handles intake, fee payment, and document stamping during regular court hours.
How much does a divorce lawyer cost in Saint John?
A Saint John divorce lawyer generally charges $1,500 to $5,000 for an uncontested divorce and $7,500 to $25,000 or more for a contested matter, depending on complexity. Hourly rates in the Saint John market commonly fall between $200 and $400. The court filing fee itself is fixed at $110, separate from legal fees.
Several factors push Saint John legal costs up or down:
- Uncontested versus contested: an agreed, paperwork-only divorce sits at the low end; disputes over the matrimonial home, pensions, or parenting time add hours quickly.
- Property complexity: dividing a home in neighbourhoods like Millidgeville or a business interest under the Marital Property Act increases disclosure work.
- Parenting disputes: contested decision-making responsibility and parenting time are the most expensive issues to litigate.
New Brunswick residents receiving social assistance under the Family Income Security Act, or those represented by Legal Aid, are exempt from the $110 filing fee under Rule 72.24(2). New Brunswick Legal Aid Services and PLEIS-NB provide free information for Saint John residents who cannot afford private counsel.
How long does a divorce take in Saint John?
An uncontested divorce in Saint John typically takes four to six months from filing to the divorce order, provided the one-year separation period is already complete. A Certificate of Divorce becomes available 31 days after the judgment takes effect, for a $7 fee. Contested cases routinely take one to two years or longer.
The controlling timeline element is the separation requirement. For a no-fault divorce, you must live separate and apart for one year, though you may file the petition before that year ends; the court simply cannot grant the divorce until the full year passes. Fault-based grounds, adultery and cruelty, avoid the one-year separation wait but require evidentiary proof, which can add complexity and cost. Once the separation period is satisfied and paperwork is in order, the Saint John registry processes uncontested files efficiently. The 31-day appeal window after judgment must close before the Certificate of Divorce issues, which is the document you need to remarry.
What are the residency requirements to file in Saint John?
To file for divorce in Saint John, at least one spouse must have ordinarily resided in New Brunswick for a minimum of one year immediately before commencing the proceeding, under section 3(1) of the Divorce Act. There is no separate city or county residency rule; living anywhere in New Brunswick for 12 months qualifies you to file at the Saint John court.
This residency rule establishes the court's jurisdiction and is distinct from the one-year separation period that establishes grounds. Canadian citizenship is not required; any legally married couple where one spouse meets the residency threshold can file, regardless of immigration status or where the marriage took place. New Brunswick courts verify residency through documents such as a provincial driver's licence, Medicare card, or utility bills. If formal identification is unavailable, a witness such as a neighbour or employer can confirm residence.
How is property divided in a Saint John divorce?
Property in a Saint John divorce is divided under the New Brunswick Marital Property Act, RSNB 2012, c. 107, which presumes an equal 50/50 split of marital property and marital debts. Section 2 of the Act entitles each spouse to an equal share, recognizing child care, household management, and financial provision as joint responsibilities. Each spouse is entitled to one-half of the net proceeds of the matrimonial home.
Marital property includes family assets ordinarily used by the couple and their children for shelter, transportation, household, recreational, or social purposes, such as the home, vehicles, household goods, and pensions. A court may order an unequal division under section 7 if an equal split would be inequitable. Business assets are generally exempt from division under the Act. Critically, the equal-division regime applies only to married spouses; common-law couples in Saint John do not have the same statutory right to equal division. An application to divide marital property must be made within 60 days after a divorce becomes final.