How long do I need to live in the Northwest Territories before I can file for divorce?

Under section 3(1) of the Divorce Act, at least one spouse must have been ordinarily resident in the Northwest Territories for a minimum of one year immediately before filing the divorce application. If neither spouse meets this requirement, you will need to file in the province or territory where one of you does qualify.

Can I file for divorce in the NWT if my spouse and I still live in the same house?

Yes, it is possible to be considered "living separate and apart" while still residing under the same roof. However, you will need to demonstrate that the marital relationship has genuinely ended — for example, by showing that you no longer share a bedroom, meals, or social activities as a couple. The court will look at the totality of the circumstances.

How much does it cost to file for divorce in the Northwest Territories?

The court filing fee for a divorce application in the NWT is approximately $157 to $210 as of February 2026. Additional costs include legal fees, which vary depending on whether the divorce is contested or uncontested, as well as potential expenses for mediation, process servers, and professional valuations. Always verify the current filing fee with your local court registry.

How long does a divorce take in the Northwest Territories?

An uncontested divorce where both parties agree on all issues can typically be finalized within 3 to 6 months after filing, assuming the one-year separation period has already been met. Contested divorces involving disputes over property, parenting arrangements, or support can take a year or longer. In all cases, a 31-day appeal period must pass after the Divorce Judgment before the divorce becomes absolute.

How is property divided in a Northwest Territories divorce?

Property division in the NWT is governed by the NWT Family Law Act, not the federal Divorce Act. The general principle is that family property — assets acquired during the marriage — is divided equally between the spouses. Certain property, such as assets owned before the marriage or gifts and inheritances, may be excluded, although any increase in their value during the marriage could still be subject to division.

How are parenting arrangements decided in the Northwest Territories?

Parenting arrangements, including parenting time and decision-making responsibility, are determined based on the best interests of the child. Parents are encouraged to create a parenting plan by agreement, but if they cannot agree, the court will make a parenting order. The court considers factors such as each parent's relationship with the child, the child's needs and preferences, and any history of family violence.

Do I need a lawyer to get a divorce in the Northwest Territories?

You are not legally required to hire a lawyer, and some people represent themselves, particularly in uncontested divorces. However, divorce involves complex legal, financial, and emotional issues, and a qualified family law lawyer can help ensure your rights are protected and that all documents are properly prepared. If cost is a concern, you may be eligible for Legal Aid or be able to access unbundled legal services.

When can I remarry after my NWT divorce is finalized?

You can remarry after your divorce becomes absolute, which is 31 days after the Divorce Judgment is granted, provided no appeal has been filed during that period. If an appeal is filed, you cannot remarry until the appeal is resolved. You should obtain a Certificate of Divorce as proof that your divorce is final before entering a new marriage.

Divorce in Northwest Territories: A Complete Guide

Introduction

Divorce is never a simple process, but understanding the legal framework can help you navigate it with greater confidence and clarity. In the Northwest Territories (NWT), divorce is governed by a combination of federal and territorial legislation. The federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) sets out the grounds for divorce, parenting arrangements, and spousal support, while the NWT Family Law Act (SNWT 1997, c. 18) governs the division of property between spouses.

Whether you and your spouse are pursuing a joint application or one of you is filing individually, this guide will walk you through every major aspect of the divorce process in the Northwest Territories — from establishing grounds and meeting residency requirements to dividing property, arranging parenting responsibilities, and understanding the costs involved.

Important: This guide is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult a qualified family law lawyer in the Northwest Territories for advice tailored to your specific circumstances.

Grounds for Divorce

Under the federal Divorce Act, there is only one ground for divorce in Canada, including the Northwest Territories: breakdown of the marriage. However, the Act recognizes three distinct ways to establish that a marriage has broken down:

1. Separation for at Least One Year

This is by far the most common basis for divorce. You and your spouse must have lived separate and apart for a continuous period of at least one year before the divorce can be granted. It is important to note that:

You can file for divorce before the one-year period is complete, but the divorce will not be granted until the full year has passed.
Living "separate and apart" can, in some circumstances, occur under the same roof, provided you can demonstrate that the marital relationship had truly ended (e.g., sleeping in separate rooms, no longer sharing meals together, no longer functioning as a couple).
Brief attempts at reconciliation (totalling no more than 90 days) during the separation period will not reset the one-year clock.

2. Adultery

A divorce may be granted if one spouse has committed adultery. The spouse seeking the divorce on this ground must provide sufficient evidence to satisfy the court. You cannot rely on your own adultery as a ground for divorce — only your spouse's adultery qualifies. There is no waiting period when adultery is established.

3. Cruelty

A divorce may also be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable. As with adultery, there is no mandatory waiting period for cruelty-based claims, but the burden of proof is on the spouse alleging cruelty.

In practice, the vast majority of divorces in the Northwest Territories proceed on the basis of one year of separation, as fault-based grounds (adultery and cruelty) require evidence, can increase legal costs, and may heighten conflict.

Residency Requirements

Not just anyone can file for divorce in the Northwest Territories. Under section 3(1) of the Divorce Act, at least one spouse must have been ordinarily resident in the Northwest Territories for a minimum of one year immediately preceding the filing of the divorce application.

"Ordinarily resident" means the territory is where you normally and regularly live — it is your settled, everyday home. If neither you nor your spouse meets this residency threshold in the NWT, you will need to file for divorce in the province or territory where one of you does meet the requirement.

If both spouses live in different provinces or territories and both meet the residency requirement in their respective jurisdictions, the divorce proceeding is generally heard in the jurisdiction where the application was filed first.

Property Division

Property division in the Northwest Territories is not governed by the federal Divorce Act. Instead, it falls under the NWT Family Law Act (SNWT 1997, c. 18).

The Family Law Act establishes the rules for how property and debts acquired during the marriage are to be divided when spouses separate. Key principles include:

Family Property

The NWT Family Law Act defines family property as property acquired by either or both spouses during the marriage. This can include:

The family home
Vehicles
Bank accounts and investments
Pensions and retirement savings
Business interests
Household contents

Excluded Property

Certain types of property may be excluded from division, such as:

Property owned by a spouse before the marriage
Gifts or inheritances received by one spouse during the marriage
Personal injury awards

However, any increase in value of excluded property during the marriage may still be subject to division.

Equal Division Presumption

The general principle under the Family Law Act is that family property should be divided equally between the spouses. However, the court may order an unequal division if an equal split would be significantly unfair, taking into account factors such as the length of the marriage, any agreements between the spouses, and each spouse's contribution to the family.

Domestic Contracts

Spouses may also enter into separation agreements or other domestic contracts to determine how property will be divided, potentially avoiding the need for a court order. It is strongly advisable to have independent legal advice before signing any such agreement.

Parenting Arrangements

When children are involved, determining parenting arrangements is often the most sensitive and important aspect of a divorce. The Divorce Act uses the terms "parenting arrangements" and "decision-making responsibility" to describe how parents will share time with their children and how major decisions will be made.

Best Interests of the Child

The overriding principle in all parenting matters is the best interests of the child. The court considers a wide range of factors, including:

The child's physical, emotional, and psychological needs
The child's relationship with each parent and other significant people in their life
Each parent's willingness to support the child's relationship with the other parent
The child's views and preferences, depending on their age and maturity
Any history of family violence
The child's cultural, linguistic, and spiritual heritage

Parenting Orders and Parenting Plans

Parents are encouraged to develop a parenting plan that outlines:

The parenting time schedule — when the child will be with each parent
Decision-making responsibility — which parent (or whether both parents jointly) will make significant decisions about the child's health, education, religion, and extracurricular activities
How disputes about parenting will be resolved

If parents cannot agree, the court will make a parenting order based on the best interests of the child.

Relocation

The Divorce Act also contains provisions regarding relocation. If a parent who has the majority of parenting time wishes to move to a location that would significantly affect the child's relationship with the other parent, specific notice requirements and legal tests apply.

Spousal Support

Spousal support (sometimes informally called "alimony") may be awarded under the Divorce Act when one spouse has a financial need and the other has the ability to pay. The objectives of spousal support include:

Recognizing the economic advantages or disadvantages to each spouse arising from the marriage or its breakdown
Apportioning between the spouses the financial consequences of caring for children
Relieving economic hardship arising from the marriage breakdown
Promoting the economic self-sufficiency of each spouse within a reasonable period

The amount and duration of spousal support depend on factors such as the length of the marriage, the roles each spouse assumed during the marriage, each spouse's income and earning capacity, and the age and health of each spouse. The Spousal Support Advisory Guidelines (SSAGs), while not law, are commonly used by lawyers and judges in the NWT as a helpful tool for calculating appropriate ranges.

Spouses can agree on spousal support through negotiation or mediation, or the court can issue an order if they cannot reach an agreement.

Filing Process

Here is a general overview of the steps involved in filing for divorce in the Northwest Territories:

Step 1: Prepare Your Documents

You will need to prepare the required court documents, including a Statement of Claim for Divorce (or a joint application if both spouses agree). You must also obtain your original marriage certificate or a certified copy.

Step 2: File with the Supreme Court of the Northwest Territories

Divorce proceedings in the NWT are handled by the Supreme Court of the Northwest Territories. File your completed documents with the court registry and pay the applicable filing fee.

Step 3: Serve Your Spouse

If you are filing individually (not jointly), you must serve your spouse with the court documents. Service must comply with the rules of the court, and you may need to arrange personal service through a process server.

Step 4: Response Period

After being served, your spouse has a set period to file a response. If your spouse does not respond, you may be able to proceed on an uncontested (or "desk") basis.

Step 5: Negotiate or Litigate

If there are contested issues — such as property division, parenting arrangements, or support — you and your spouse may attempt to resolve them through negotiation, mediation, or collaborative law. If these efforts fail, the matter will proceed to a hearing or trial.

Step 6: Obtain the Divorce Judgment

Once all issues are resolved or decided, the court will issue a Divorce Judgment. However, the divorce does not become final immediately.

Step 7: Appeal Period

There is a mandatory 31-day appeal period after the Divorce Judgment is granted. The divorce becomes absolute (final) on the 31st day, provided no appeal has been filed. Only after this date are you legally free to remarry.

Timeline & Costs

Timeline

The timeline for a divorce in the Northwest Territories varies considerably depending on the complexity of the case:

Uncontested divorce (desk divorce): If both parties agree on all issues and the one-year separation period has passed, an uncontested divorce can sometimes be finalized in 3 to 6 months after filing.
Contested divorce: If there are disputes over property, parenting arrangements, or support, the process can take one year or longer, depending on the issues and the court's schedule.
31-day appeal period: Regardless of the type of divorce, you must always account for the 31-day waiting period after the Divorce Judgment before the divorce is absolute.

Costs

Court filing fee: Approximately $157 to $210 as of February 2026. Filing fees are subject to change, so always verify the current amount with your local court registry.
Legal fees: These vary widely based on the complexity of your case, your lawyer's hourly rate, and whether the divorce is contested or uncontested. An uncontested divorce handled by a lawyer may cost anywhere from $1,500 to $4,000+, while a contested divorce with multiple issues can cost $10,000 to $50,000 or more.
Other costs: You may incur additional expenses for process servers, mediators, parenting assessments, property valuations, and other professional services.

If you cannot afford a lawyer, you may wish to explore Legal Aid options in the NWT or seek assistance from community legal clinics.

Legal Disclaimer

This guide provides general information only about the divorce process in the Northwest Territories. It is not legal advice and should not be relied upon as a substitute for professional legal counsel. Family law is complex and fact-specific — the outcome of your case will depend on your unique circumstances.

Laws, filing fees, court procedures, and government policies may change at any time. The information in this guide is believed to be accurate as of its publication date, but no guarantee is made regarding its continued accuracy or completeness.

If you are considering divorce or are going through a separation, consult a qualified family law lawyer in the Northwest Territories who can provide advice tailored to your specific situation and help protect your rights and interests.