How to Get a Divorce with No Money in New Brunswick: Complete 2026 Guide
New Brunswick residents receiving social assistance or Legal Aid representation pay $0 in court filing fees under Rules of Court, Rule 72.24(2). The standard filing fee of $110 includes $100 for the petition plus $10 for the Clearance Certificate from Ottawa's Central Registry of Divorce Proceedings. For those who qualify for fee waivers and use free self-help resources, an uncontested divorce in New Brunswick can cost under $50 total, compared to $3,000-$8,000 with full legal representation.
| Key Facts | Details |
|---|---|
| Filing Fee | $110 ($100 petition + $10 clearance certificate) |
| Fee Waiver Eligibility | Social assistance recipients, Legal Aid clients |
| Residency Requirement | 1 year in New Brunswick |
| Grounds for Divorce | 1-year separation, adultery, or cruelty |
| Uncontested Timeline | 4-6 weeks (joint petition) |
| Property Division | Equitable distribution under Family Law Act |
| Legal Aid Coverage | Available for divorces without property/debt division |
Fee Waivers: Who Qualifies for Free Court Filing in New Brunswick
New Brunswick waives the $110 divorce filing fee entirely for two categories of petitioners under Rules of Court, Rule 72.24(2). Recipients of social assistance under the Family Income Security Act automatically qualify for the fee exemption without additional application. Petitioners represented by Legal Aid New Brunswick also receive automatic fee waivers as part of their coverage. The Registrar additionally has discretionary authority to waive fees when a solicitor certifies that legal services are being provided without charge and that payment would impose financial hardship on the petitioner.
To claim the fee waiver, indicate your qualifying status on your petition filing. Social assistance recipients should bring documentation confirming their benefit status. Legal Aid clients need only present their Legal Aid certificate. The discretionary waiver requires a solicitor's certification letter confirming pro bono representation and financial hardship, which the Registrar reviews on a case-by-case basis.
Social Assistance Fee Exemption Requirements
Recipients of benefits under the Family Income Security Act qualify for automatic filing fee waivers. This includes recipients of:
- Social Assistance benefits
- Transitional Assistance Program benefits
- Extended Benefits Program benefits
- Health Services Card holders receiving income assistance
Provide your benefit verification letter or client identification number when filing. The court clerk will verify your eligibility through provincial records. No separate fee waiver application is required for social assistance recipients.
Legal Aid Coverage for Divorce in New Brunswick
Legal Aid New Brunswick provides representation for divorce matters where marital property or debt division is not included, according to the New Brunswick Legal Aid Services Commission. Unlike other Canadian provinces, New Brunswick does not use fixed income thresholds for eligibility determination. The Commission assesses each application individually, examining income, assets, liabilities, and case merits. Generally, individuals with low income or those receiving social assistance qualify for covered services.
Legal Aid covers divorce proceedings that include:
- Parenting time arrangements (formerly custody)
- Decision-making responsibility allocation
- Child support calculations
- Spousal support determinations
- Simple divorce petitions (uncontested)
- Response to divorce petitions served on you
Legal Aid does not cover divorces involving complex property division or debt allocation unless these matters are severed or previously resolved through separation agreements.
How to Apply for Legal Aid
Contact your local Legal Aid office to schedule an appointment. New Brunswick has offices in all eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. At your appointment, bring documentation of your income, assets, debts, and household expenses. Legal Aid will calculate your eligibility using your combined household income, including your spouse or common-law partner's income if they reside with you.
Depending on your income level, you may need to pay a small contribution toward your legal costs. This client contribution requirement applies to those whose income exceeds the baseline eligibility threshold but remains low enough to qualify. Contact the New Brunswick Legal Aid Services Commission at 1-888-236-2444 for current contribution schedules.
Free Self-Help Resources: Filing Your Own Divorce
The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes Doing Your Own Divorce in New Brunswick, now in its 13th edition as of 2024. This comprehensive guide walks self-represented litigants through the entire uncontested divorce process, from completing forms to obtaining the final judgment. The PDF version is available free online at legalinfonb.ca, or purchase a printed copy for $10 from PLEIS-NB at (506) 453-5369.
The guide reflects procedures under both Rule 72 and Rule 81 of the New Brunswick Rules of Court, plus the 2021 amendments to the Divorce Act, R.S.C. 1985, c. 3 and the New Brunswick Family Law Act, SNB 2020, c. 23. It includes step-by-step instructions, sample completed forms, and checklists for each stage of filing.
Family Law NB Website Resources
The familylawnb.ca website provides annotated, fillable court forms for divorce proceedings. Created by PLEIS-NB, the site offers:
- Form 72A: Petition for Divorce (when one spouse files)
- Form 72B: Joint Petition for Divorce (when both spouses agree)
- Form 72C: Affidavit in Support of Petition
- Form 72L: Agreement Not to Appeal
- Form 18B: Affidavit of Service
- Self-help guides with detailed instructions
- Video tutorials on court procedures
All forms are free to download and complete. The annotated versions include explanations of each section, reducing errors that could delay your divorce.
Cost Comparison: Divorce Options in New Brunswick
Understanding your options helps you choose the most affordable path. The table below compares costs for different divorce approaches in New Brunswick.
| Divorce Method | Total Cost Range | Timeline | Best For |
|---|---|---|---|
| DIY Uncontested (fee waiver) | $0-$50 | 4-8 weeks | Social assistance recipients, no disputes |
| DIY Uncontested (paid filing) | $110-$175 | 4-8 weeks | Low income, no disputes |
| Legal Aid Representation | $0-$200 contribution | 2-4 months | Low income, some complexity |
| Unbundled Legal Services | $500-$1,500 | 2-4 months | Need help with specific documents |
| Mediated Divorce | $1,000-$3,000 | 3-6 months | Disputes over children, support |
| Full Representation | $3,000-$8,000+ | 4-12 months | Contested issues, complex assets |
Fees as of January 2026. Verify current amounts with the Court of King's Bench, Family Division or your local clerk.
Joint Petition: The Fastest, Cheapest Option
Filing a Joint Petition for Divorce using Form 72B costs the same $110 but eliminates service requirements and reduces processing time to 4-6 weeks. When both spouses agree on the divorce and all related issues, neither party needs to serve documents on the other. The court reviews uncontested joint petitions without a hearing, issuing the divorce judgment after reviewing the file.
Requirements for a joint petition include:
- Both spouses sign Form 72B agreeing to the divorce
- Agreement on parenting arrangements for any children
- Agreement on child support amount (using Federal Child Support Guidelines)
- Agreement on spousal support (if applicable)
- No disputes over property or debt division
- Original marriage certificate
- Clearance Certificate request ($10 to Central Registry in Ottawa)
If you cannot afford the $110 filing fee and do not qualify for automatic fee waivers, ask the Registrar about discretionary fee reduction. Provide documentation of your financial circumstances and explain why payment would create hardship.
Free Legal Information Services
Several free services provide legal information and limited advice for divorce with no money in New Brunswick. These services help you understand your options without the cost of hiring a lawyer.
Family Law Information Line
PLEIS-NB operates the Family Law Information Line at 1-888-236-2444, available in both French and English. Staff provide legal information about divorce procedures, parenting arrangements, support obligations, and court processes. The line operates Monday through Friday, 8:30 AM to 4:30 PM. Staff cannot give legal advice about your specific situation but can explain general legal rules and procedures.
Family Law Info Clinic (Moncton)
The Family Law Info Clinic offers free 30-minute appointments with a lawyer to discuss family law matters, including property division. This service operates from September to March through a partnership between Pro Bono Students Canada, YWCA Moncton, and Université de Moncton. Book appointments at (506) 702-5557.
Fredericton Legal Advice Clinic (FLAC)
FLAC provides free summary legal advice to low-income New Brunswick residents. Lawyers review your situation and provide advice on your legal options, likely outcomes, and next steps. Appointments are available in person or online for 30 minutes. Contact FLAC for current availability.
UNB Legal Clinic
The University of New Brunswick Legal Clinic uses financial eligibility criteria to determine who qualifies for their services. Law students, supervised by lawyers, provide legal assistance on family law matters. Contact the clinic at lawclinic@unb.ca or (506) 452-6313 to check eligibility and schedule an appointment.
Parent Information Program: Free and Required
The Parent Information Program (PIP) is a free self-guided online program for separating and divorcing parents in New Brunswick. Courts may require PIP completion before granting parenting orders. The program consists of three parts totaling approximately 90 minutes:
- One-hour parent information video
- 20-minute family law information video
- 20-30 minute multiple-choice quiz
Access PIP free at familylawnb.ca/english/pip or by calling 1-844-673-4499. Completing PIP helps you understand parenting arrangements, child support obligations, and how courts make decisions about children's best interests under the 2021 Divorce Act amendments.
Residency and Filing Requirements
Under Section 3(1) of the Divorce Act, R.S.C. 1985, c. 3, at least one spouse must have ordinarily resided in New Brunswick for a minimum of one year immediately before filing the divorce petition. Canadian citizenship is not required. Any legally married couple where one spouse meets the residency requirement can file in New Brunswick, regardless of where the marriage took place or country of origin.
The Court of King's Bench, Family Division handles all divorce proceedings in New Brunswick. File your petition at the Family Division office in your judicial district. New Brunswick has eight judicial districts with offices in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock.
If you lack formal identification proving residency, a witness such as a neighbor, employer, or colleague can provide testimony confirming you have lived in New Brunswick for at least one year.
Understanding the 2021 Divorce Act Changes
The Divorce Act amendments effective March 1, 2021 replaced outdated terminology and added important protections. Courts no longer use the terms "custody" and "access." Instead, orders address parenting time (when each parent has the child), decision-making responsibility (major decisions about health, education, culture, religion, and extracurricular activities), and contact (for non-parents like grandparents).
The 2021 amendments also introduced a comprehensive definition of family violence that courts must consider when making parenting orders. Family violence includes violent or threatening behavior, patterns of coercive and controlling behavior, and conduct that causes family members to fear for their safety. Children's exposure to such behavior also constitutes family violence under the Act.
Under Section 16.1(8) of the Divorce Act, courts can order supervised parenting time or supervised exchanges where safety concerns exist. New relocation provisions under Section 16.8 require parents to provide written notice of any intended move, including the new address, contact information, and moving date. Courts can waive this notice requirement when there is a risk of family violence.
Step-by-Step: Filing for Divorce with No Money
Follow these steps to file an uncontested divorce in New Brunswick with minimal or no cost:
- Confirm you meet the one-year residency requirement
- Confirm you have been separated for at least one year (or have grounds of adultery/cruelty)
- Determine if you qualify for fee waivers (social assistance or Legal Aid)
- If your spouse agrees to divorce, use Form 72B (Joint Petition)
- If filing alone, use Form 72A (Petition for Divorce)
- Download and complete all required forms from familylawnb.ca
- Gather your original marriage certificate
- Complete PIP if you have children
- Send $10 to Central Registry for Clearance Certificate (or claim fee waiver)
- File your petition at the Family Division office in your district
- Serve your spouse (if using Form 72A) or have both spouses sign (Form 72B)
- File proof of service and Agreement Not to Appeal
- Wait for the judge to review your file and issue the divorce judgment
- Request your Certificate of Divorce ($7) after the 31-day appeal period
When Free Options Are Not Enough
Some situations require legal representation even when money is tight. Consider seeking a lawyer through Legal Aid or unbundled services if:
- Your spouse contests the divorce or disputes parenting arrangements
- Significant marital property requires division
- You or your children have experienced family violence
- Complex support calculations involve self-employment income
- International elements affect jurisdiction or enforcement
- Your spouse has a lawyer and you need balanced representation
Unbundled legal services allow you to hire a lawyer for specific tasks rather than full representation. A lawyer might review your completed forms for $200-$400, appear at one court hearing for $500-$800, or draft a separation agreement for $800-$1,500. This approach costs significantly less than full representation while ensuring critical documents are done correctly.
Frequently Asked Questions
Can I get a divorce in New Brunswick with no money at all?
Yes, New Brunswick residents receiving social assistance under the Family Income Security Act or represented by Legal Aid pay $0 in court filing fees under Rules of Court, Rule 72.24(2). Combined with free self-help resources from PLEIS-NB and the familylawnb.ca website, you can complete an uncontested divorce for under $50 total (mainly for the $10 Clearance Certificate and postage).
What are the income limits for Legal Aid divorce coverage in New Brunswick?
New Brunswick does not use fixed income thresholds for Legal Aid eligibility, unlike other Canadian provinces. The Legal Aid Services Commission assesses each application individually, examining your income, assets, liabilities, and case merits. Generally, those with low income or receiving social assistance qualify. Contact Legal Aid at 1-888-236-2444 for an eligibility assessment.
How long does an uncontested divorce take in New Brunswick?
An uncontested divorce in New Brunswick typically takes 4-8 weeks from filing to final judgment. Joint petitions using Form 72B proceed faster at 4-6 weeks since both spouses sign initially, eliminating service requirements. The judge reviews uncontested files without a hearing and issues the divorce judgment. After the 31-day appeal period, you can request your Certificate of Divorce for $7.
Can I file for divorce before completing one year of separation?
Yes, you can file the divorce petition before completing one year of separation under the Divorce Act, but the court will not grant the divorce judgment until at least one year of separation has passed. This allows you to prepare and file documents while waiting for the separation period to complete. Many couples file at the 10-11 month mark so processing overlaps with the remaining separation time.
What if I cannot locate my spouse to serve divorce papers?
If you cannot find your spouse after reasonable efforts, you can apply to the court for substituted service or dispensation of service. Substituted service allows serving documents through alternative means such as email, social media, or publication. Dispensation eliminates the service requirement entirely. Both options require a court application explaining your search efforts. Legal Aid may assist with this process if you qualify.
Does Legal Aid cover divorce with property division in New Brunswick?
Legal Aid generally does not cover divorces involving property or debt division unless these matters are severed or previously resolved. If you have a separation agreement addressing property, Legal Aid may cover the divorce proceeding itself. Where spousal violence exists and property equity does not exceed $20,000, specialized domestic legal aid coverage may apply. Contact Legal Aid to discuss your specific circumstances.
How do I prove my spouse committed adultery or cruelty?
Proving adultery requires evidence beyond your spouse's admission, such as photographs, witness testimony, or documentary evidence of the relationship. Proving cruelty requires evidence of physical or mental cruelty making continued cohabitation intolerable. Both fault-based grounds are more difficult and expensive to prove than one-year separation. For those seeking divorce with no money, the one-year separation ground is almost always the most practical option.
Can I get free help with parenting arrangements and child support?
Yes, several free resources address parenting arrangements and child support in New Brunswick. The Parent Information Program (PIP) is free and explains how courts make parenting decisions. The Family Law Information Line at 1-888-236-2444 answers general questions about support obligations. Legal Aid covers parenting and support matters for eligible applicants. The Family Law Info Clinic in Moncton offers free 30-minute lawyer consultations from September to March.
What happens to our debts in a divorce?
Marital debts are divided under the New Brunswick Family Law Act using equitable distribution principles. The court considers who incurred the debt, what the debt financed, each spouse's ability to pay, and overall fairness. Joint debts typically remain joint obligations to creditors regardless of what the divorce order says between spouses. If debt division is disputed, you may need legal representation, though Legal Aid does not typically cover debt matters.
Can my spouse force me to pay for their lawyer in our divorce?
Under certain circumstances, courts can order one spouse to contribute to the other's legal costs, particularly when there is a significant income disparity. However, this requires a court application and typically applies in contested proceedings rather than uncontested divorces. If you are filing an uncontested divorce with no money, your spouse filing a costs application against you is unlikely since neither party is incurring significant legal fees.
Additional Resources
- PLEIS-NB Family Law Publications - Free guides on divorce, separation, and family law
- Family Law NB Forms - Downloadable court forms with annotations
- New Brunswick Legal Aid - Apply for legal representation
- Court of King's Bench, Family Division - Court information and locations
- Federal Child Support Guidelines - Calculate child support amounts
Content reviewed by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) covering New Brunswick divorce law. Information current as of January 2026. This guide provides general legal information and is not a substitute for legal advice about your specific situation. Laws change frequently; verify current requirements with the Court of King's Bench, Family Division or a New Brunswick lawyer.