New Brunswick residents can complete an uncontested divorce without appearing in court by filing paperwork with the Court of King's Bench, Family Division, for a total filing fee of $110. The process takes 4 to 8 weeks from submission to final judgment, making it one of Canada's more accessible divorce procedures for couples who have reached agreement on all issues including property division and parenting arrangements.
Key Facts: Online Divorce in New Brunswick
| Factor | Details |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate) |
| Waiting Period | 31 days after judgment (waivable with Form 72L) |
| Residency Requirement | 1 year in New Brunswick for at least one spouse |
| Grounds for Divorce | 1-year separation (most common) |
| Property Division | Equal division under Marital Property Act |
| Timeline (Uncontested) | 4-8 weeks from filing to judgment |
| Certificate of Divorce | $7 additional fee |
What Is an Online Divorce in New Brunswick?
An online divorce in New Brunswick refers to completing your divorce paperwork through digital resources and filing with the Court of King's Bench, Family Division, without requiring in-person court appearances. Under Divorce Act, R.S.C. 1985, c. 3, s. 8(1), the only ground for divorce in Canada is marriage breakdown, established most commonly by one year of separation. New Brunswick processes uncontested divorces through a desk procedure where a judge reviews submitted documents without scheduling a hearing, provided both spouses agree on all terms or the respondent does not contest the petition.
The Court of King's Bench, Family Division operates across New Brunswick's eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. You must file in the district where you or your spouse resides, or where your children ordinarily reside if parenting matters are at issue. While New Brunswick does not currently offer true electronic filing through a court portal, the entire process can be managed remotely by downloading forms online, preparing documents at home, and mailing or couriering your filing package to the appropriate registry office.
Who Qualifies for an Online Divorce in New Brunswick?
To file for divorce from home in New Brunswick, at least one spouse must have ordinarily resided in the province for a minimum of 12 consecutive months immediately before filing the petition, as required by Divorce Act, R.S.C. 1985, c. 3, s. 3(1). Canadian citizenship is not required, meaning any legally married couple where one spouse meets the residency threshold can initiate proceedings regardless of immigration status or where the marriage occurred.
The online divorce process works best for uncontested cases where spouses agree on property division under the Marital Property Act, RSNB 2012, c. 107, parenting arrangements for any children, and support obligations. Contested divorces involving disputes over assets, parenting time, or support typically require court appearances and legal representation, making them unsuitable for the streamlined remote filing approach.
Eligibility Requirements Summary
- At least one spouse resided in New Brunswick for 12+ consecutive months
- Marriage has broken down (1-year separation is the standard ground)
- Agreement reached on all issues (property, support, parenting) for uncontested filing
- Original marriage certificate available for submission
- No pending appeals or parallel proceedings in other jurisdictions
Step-by-Step Process for Filing Online Divorce in New Brunswick
The online divorce process in New Brunswick involves five main stages: gathering documents, completing court forms, filing with the registry, serving your spouse (if not filing jointly), and obtaining your final judgment. Total time from start to finish averages 4 to 8 weeks for uncontested matters, with joint petitions typically resolving in 4 to 6 weeks since both spouses sign initially.
Step 1: Gather Required Documents
Before beginning your forms, collect the following essential documents:
- Original marriage certificate (or certified copy from the jurisdiction where you married)
- Proof of New Brunswick residency (utility bills, lease agreements, bank statements, employment records)
- Financial information if claiming support (income tax returns, pay stubs, employment letters)
- Written separation agreement if applicable
- Parenting plan if you have children under 19
Step 2: Complete the Court Forms
New Brunswick divorce proceedings require Form 72A (Petition for Divorce) for individual petitions or Form 72B (Joint Petition for Divorce) when both spouses file together. These forms are available free from the Court of King's Bench Family Division website or Family Law NB.
Required Forms Checklist
| Form Number | Form Name | When Required |
|---|---|---|
| Form 72A | Petition for Divorce | Solo filing |
| Form 72B | Joint Petition for Divorce | Both spouses filing together |
| Form 72J | Financial Statement | When claiming support |
| Form 72L | Agreement Not to Appeal | To waive 31-day waiting period |
| Form 18B | Affidavit of Service | After serving respondent |
| Form 72K | Request for Divorce | To obtain judgment |
Step 3: File Your Documents
Submit your completed forms to the Court of King's Bench, Family Division registry in your judicial district. Include a cheque or money order for $110 payable to the Minister of Finance for the Province of New Brunswick. This covers the $100 petition fee plus $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa.
You can mail your filing package or deliver it in person to the registry office. Include a cover letter listing all documents submitted and your contact information.
Step 4: Serve Your Spouse
If you filed a solo petition (Form 72A), you must formally serve your spouse with the divorce documents. Service can be accomplished through:
- Personal service by a process server (CAD $70-$250)
- Acceptance of service signed by your spouse
- Substituted service if your spouse cannot be located (requires court permission)
After service, complete Form 18B (Affidavit of Service) documenting how, when, and where service occurred. Your spouse then has 20 days to file an Answer if within New Brunswick, or 40 days if served outside the province.
Step 5: Obtain Your Judgment
Once your spouse either files an Answer confirming no contest, or the response deadline passes without an Answer being filed, submit your Request for Divorce (Form 72K) along with the Clearance Certificate received from Ottawa. The judge reviews your file at the desk without a hearing. If everything is in order, the court issues a Divorce Judgment.
The divorce becomes effective 31 days after the judgment date unless both spouses sign Form 72L (Agreement Not to Appeal), which makes the divorce effective immediately under Divorce Act, R.S.C. 1985, c. 3, s. 12. After the effective date, request your Certificate of Divorce for $7 to prove your divorce for remarriage purposes.
Costs of Online Divorce in New Brunswick
The total cost of an online divorce in New Brunswick ranges from $110 for complete self-representation to approximately CAD $1,650 for lawyer-assisted uncontested proceedings. Contested divorces average CAD $16,500, driven primarily by attorney fees at a median hourly rate of CAD $350.
Cost Breakdown
| Expense | Amount | Notes |
|---|---|---|
| Petition Filing Fee | $100 | Required |
| Clearance Certificate | $10 | Required (federal registry) |
| Certificate of Divorce | $7 | After judgment becomes effective |
| Process Server | $70-$250 | If serving respondent |
| Document Preparation Service | $200-$600 | Optional assistance |
| Lawyer (Uncontested) | $1,200-$1,750 | Flat-rate packages available |
| Property Appraisal | $300-$5,000+ | If real estate involved |
| Pension Valuation | $500-$2,500 | If pension division required |
Fee Waivers Available
New Brunswick offers automatic fee exemption for individuals receiving assistance under the Family Income Security Act or those whose legal services are provided through Legal Aid, as specified in Rules of Court, Rule 72.24(2). The Registrar may also waive fees when a solicitor certifies no payment for legal services and that paying the fee would impose financial hardship.
Property Division in Online Divorce
Property division in New Brunswick divorces follows an equal sharing model under the Marital Property Act, RSNB 2012, c. 107, s. 2. The Act recognizes that child care, household management, and financial provision are joint responsibilities of equal importance, entitling each spouse to a 50/50 split of marital property and an equal share of marital debts.
Marital property includes family assets ordinarily used by both spouses and their children for shelter, transportation, household purposes, education, recreation, or social activities. This encompasses the matrimonial home, personal investments, automobiles, household goods, and pensions. Business assets owned by one spouse and used principally in carrying out a business are exempt from division under Marital Property Act, RSNB 2012, c. 107, s. 4.
A divorce judgment does not automatically address property division. Spouses must either reach a written agreement incorporated into the divorce or file a separate application under the Marital Property Act within 60 days of the divorce being granted. For online divorces, preparing a comprehensive separation agreement before filing is strongly recommended to ensure all property matters are resolved.
Parenting Arrangements in Online Divorce
When children are involved in a New Brunswick divorce, the court must be satisfied that reasonable arrangements have been made for their support before granting the divorce, as required by Divorce Act, R.S.C. 1985, c. 3, s. 11(1)(b). Since the 2021 amendments to the Divorce Act, Canadian family law uses the terms parenting arrangements, parenting time, and decision-making responsibility rather than custody and access.
Parenting time refers to the time a child spends with each parent, while decision-making responsibility covers significant decisions about the child's health, education, culture, language, religion, spirituality, and significant extracurricular activities. Under Divorce Act, R.S.C. 1985, c. 3, s. 16.1, the court considers only the best interests of the child when making parenting orders.
Child Support Calculations
Child support in New Brunswick is calculated using the Federal Child Support Guidelines (SOR/97-175), which provide tables setting out monthly support amounts based on the paying parent's gross annual income and the number of children. These table amounts were last updated on January 8, 2026. In shared parenting time arrangements where each parent has the child at least 40% of the time, the court may adjust support by considering both parents' incomes.
For example, a parent earning $60,000 annually with one child would pay approximately $558 per month according to the New Brunswick table amounts. Child support continues until a child reaches age 19 (the age of majority under the Age of Majority Act, RSNB 2011, c. 103), or longer if the child remains unable to withdraw from parental charge due to illness, disability, or pursuit of reasonable education.
Spousal Support Considerations
Spousal support in New Brunswick uses the Spousal Support Advisory Guidelines (SSAG), Canada's advisory framework that calculates support ranges based on income-sharing formulas. Unlike child support, spousal support is not automatic and requires establishing entitlement based on need, compensation for career sacrifices during the marriage, or contractual grounds from a prenuptial or separation agreement.
Under the SSAG without-child formula, support equals 1.5% to 2.0% of the gross income difference multiplied by years of marriage. For a 15-year marriage with a $60,000 income gap, the range is $13,500 to $18,000 annually ($1,125 to $1,500 per month). Duration runs 0.5 to 1.0 years per year of marriage, becoming indefinite after 20 years or when the Rule of 65 applies (years married plus recipient's age at separation equals 65 or more).
Canadian spousal support remains tax-deductible for payors and taxable income for recipients under the Income Tax Act, unlike US alimony since 2018.
Timeline for Online Divorce in New Brunswick
The total timeline from filing to final divorce certificate in New Brunswick ranges from 5 to 10 weeks for uncontested matters, depending on whether both spouses file jointly and whether the 31-day appeal period is waived.
Timeline Comparison
| Scenario | Timeline | Notes |
|---|---|---|
| Joint Petition (Form 72B) with Form 72L | 4-5 weeks | Fastest option |
| Joint Petition without Form 72L | 5-7 weeks | Standard 31-day wait applies |
| Solo Petition, Uncontested | 6-8 weeks | Response period must elapse |
| Solo Petition, Contested | 6-18 months | Requires court appearances |
Key milestones include: filing (Day 1), service on respondent (within 2 weeks), response deadline (20-40 days after service), Clearance Certificate receipt (2-3 weeks from Ottawa), judgment review (1-2 weeks), and effective date (immediate with Form 72L or 31 days later).
Resources for Self-Represented Divorces
New Brunswick provides substantial support for individuals pursuing online divorce without a lawyer. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes Doing Your Own Divorce in New Brunswick, a comprehensive handbook available at libraries throughout the province or for purchase at $10.00 directly from PLEIS-NB.
Family Law NB (familylawnb.ca) offers free online resources including FAQs, downloadable court forms, and procedural guidance. The Court of King's Bench, Family Division website provides a Do-it-Yourself Divorce Guide with step-by-step instructions for completing forms.
For those requiring legal advice but unable to afford full representation, Law Society of New Brunswick offers a Lawyer Referral Service providing 30-minute consultations. Legal Aid New Brunswick assists qualifying low-income individuals with family law matters.
Common Mistakes to Avoid
Self-represented individuals filing for online divorce in New Brunswick should avoid these frequent errors that can delay or derail their cases:
- Filing in the wrong judicial district (must file where you or spouse resides, or where children reside if parenting matters involved)
- Forgetting to request the Clearance Certificate from Ottawa (required before judgment can issue)
- Failing to properly serve the respondent (personal service required unless spouse signs acceptance)
- Missing the 60-day deadline for property division claims after divorce is granted
- Not including original or certified marriage certificate with filing
- Submitting incomplete financial statements when claiming support
- Attempting online divorce when genuine disputes exist (contested matters require court appearances)