Contested vs. Uncontested Divorce in New Brunswick: Complete 2026 Guide
An uncontested divorce in New Brunswick costs $110 in filing fees and takes 4-6 weeks from petition to judgment when both spouses agree on all issues. A contested divorce where spouses dispute parenting arrangements, property division, or support can take 6-12 months or longer and cost $15,000-$50,000 or more in legal fees. Under the federal Divorce Act, R.S.C. 1985, c. 3, s. 8, you must prove marriage breakdown through one year of separation, adultery, or cruelty—but 95% of Canadian divorces use the one-year separation ground because it requires no proof beyond a sworn affidavit.
Key Facts: New Brunswick Divorce at a Glance
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Filing Fee | $110 ($100 petition + $10 clearance certificate) | $110 + additional motion fees |
| Timeline | 4-6 weeks | 6-12+ months |
| Average Legal Costs | $1,500-$3,500 | $15,000-$50,000+ |
| Court Appearances | Usually none | Multiple hearings |
| Residency Requirement | 1 year in any Canadian province (except Quebec) | Same |
| Separation Period | 1 year (can file during) | Same |
| Property Division Deadline | 60 days post-divorce | Same |
| Certificate of Divorce Fee | $7 | $7 |
Fees as of March 2026. Verify current amounts with the Court of King's Bench, Family Division.
What Makes a Divorce Uncontested in New Brunswick
An uncontested divorce occurs when both spouses agree on every issue including parenting arrangements, child support, spousal support, and property division, allowing the case to proceed without a trial. Under Rule 72 of the New Brunswick Rules of Court, an uncontested divorce uses either a sole Petition for Divorce (Form 72A) where one spouse files, or a Joint Petition for Divorce (Form 72B) where both spouses file together. The joint petition approach eliminates the need for formal service on the other spouse, reducing both time and cost.
To qualify for an uncontested divorce in New Brunswick, you must meet these requirements:
- At least one spouse has resided in New Brunswick or another Canadian province (excluding Quebec) for 12 continuous months before filing
- You can prove marriage breakdown through one year of living separate and apart
- Both spouses agree on all parenting arrangements for minor children
- Both spouses agree on child support amounts consistent with the Federal Child Support Guidelines
- Both spouses agree on spousal support (if any)
- Both spouses agree on division of marital property under the Marital Property Act, RSNB 2012, c. 107
- There are no outstanding disputes requiring judicial determination
Living "separate and apart" does not require physically different residences. Under section 8(3) of the Divorce Act, spouses can live under the same roof while separated if they maintain independent lives—separate bedrooms, separate finances, separate social activities, and no sexual relations. The court rarely questions separation claims unless one spouse contests the assertion.
What Makes a Divorce Contested in New Brunswick
A contested divorce arises when spouses cannot reach agreement on one or more issues, requiring the Court of King's Bench, Family Division to make binding decisions after hearing evidence from both parties. Common areas of dispute include parenting time schedules, decision-making responsibility allocation, child support amounts (especially when income is disputed or section 7 expenses apply), spousal support entitlement or amount, and division of marital property including the family home and pensions.
Contested divorces in New Brunswick typically proceed through these stages:
- Petition filing and service (respondent has 20 days to answer within New Brunswick, 40 days if served outside the province)
- Financial disclosure via Form 72J Financial Statements (mandatory under Marital Property Act, RSNB 2012, c. 107, s. 12)
- Case conferences to narrow issues and explore settlement
- Family dispute resolution (mediation) if ordered under Family Law Act, SNB 2020, c. 23, s. 8
- Motions for interim relief (temporary parenting arrangements, support)
- Discovery and document production
- Pre-trial conference
- Trial
The more conflicts a couple has, the more court appearances required before the judge can resolve all disputes. A contested divorce can last 6-12 months for moderately complex cases, or 18-24 months for high-conflict matters involving business valuations, parenting capacity assessments, or appeals.
Timeline Comparison: Uncontested vs. Contested Divorce
New Brunswick uncontested divorces are processed within 4-6 weeks from filing, provided all documents are complete and error-free. The Court of King's Bench, Family Division processes uncontested matters on a desk review basis without requiring either party to appear in court. After the divorce judgment takes effect (31 days after pronouncement unless appealed), you can obtain a Certificate of Divorce (Form 72O) for $7.
Contested divorces follow a significantly longer trajectory. From initial petition to final judgment, expect 6-12 months minimum for cases with one or two disputed issues, and 12-24 months for complex matters. Each contested motion adds 2-3 months to the timeline. If the case proceeds to trial, court scheduling delays in New Brunswick can add 4-8 months for a trial date.
| Stage | Uncontested Timeline | Contested Timeline |
|---|---|---|
| Filing and Service | 1-2 weeks | 1-2 weeks |
| Response Period | N/A (joint) or 20 days | 20-40 days |
| Financial Disclosure | Not required (simple cases) | 30-60 days |
| Case Conferences | None | 2-4 months |
| Mediation/FDR | Optional | 1-3 months |
| Interim Motions | None | 2-6 months |
| Trial Scheduling | N/A | 4-8 months wait |
| Trial Duration | N/A | 1-5 days |
| Judgment | 4-6 weeks total | 6-24 months total |
Cost Comparison: What You Will Pay
Uncontested divorce costs in New Brunswick range from $110 (self-represented with court fees only) to $3,500 (lawyer-assisted for straightforward cases). The $110 court fee includes $100 for the Petition for Divorce and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa. After judgment, the Certificate of Divorce costs an additional $7.
Contested divorce costs escalate dramatically based on complexity and duration. New Brunswick family lawyers typically charge $250-$450 per hour. A contested divorce with moderate disputes (parenting arrangements and support) runs $15,000-$30,000 in legal fees. High-conflict cases involving business valuations, forensic accounting, parenting capacity assessments, or multiple interim motions can exceed $50,000-$100,000 per spouse.
| Cost Category | Uncontested | Contested |
|---|---|---|
| Court Filing Fees | $110 | $110 + motion fees ($50-100 each) |
| Clearance Certificate | Included in $110 | Included in $110 |
| Certificate of Divorce | $7 | $7 |
| Lawyer - Simple | $1,500-$3,500 | N/A |
| Lawyer - Moderate Conflict | N/A | $15,000-$30,000 |
| Lawyer - High Conflict | N/A | $50,000-$100,000+ |
| Mediator (private) | $2,000-$5,000 | Same if used |
| Parenting Assessment | N/A | $3,000-$8,000 |
| Business Valuation | N/A | $5,000-$20,000 |
| Forensic Accountant | N/A | $10,000-$30,000 |
New Brunswick residents receiving social assistance under the Family Income Security Act qualify for fee exemptions under Rule 72.24(2) of the Rules of Court. Those represented by Legal Aid New Brunswick also qualify for fee waivers.
Residency and Separation Requirements
New Brunswick requires at least one spouse to have ordinarily resided in any Canadian province or territory (except Quebec) for at least 12 continuous months immediately before filing the divorce petition, as mandated by Divorce Act, R.S.C. 1985, c. 3, s. 3(1). You do not need to have lived in New Brunswick specifically—any province meeting the one-year requirement qualifies.
The one-year separation period runs concurrently with the residency requirement. You can file your divorce petition before completing one full year of separation, but the court cannot grant the divorce judgment until the full 12-month separation period has elapsed. This strategy allows couples to have all paperwork ready so the divorce can be finalized shortly after the one-year mark.
Alternative grounds for divorce under section 8 of the Divorce Act include adultery and physical or mental cruelty. These grounds can bypass the one-year waiting period but are rarely used because they require evidentiary proof (admissions, photographs, medical records) and tend to increase conflict and legal costs. Over 95% of Canadian divorces proceed on the one-year separation ground.
Parenting Arrangements in New Brunswick Divorce
Since March 1, 2021, the Divorce Act no longer uses "custody" and "access" terminology. New Brunswick courts now issue parenting orders addressing parenting time (the time each parent spends with the child) and decision-making responsibility (authority over major decisions about education, health, religion, and extracurricular activities). These changes under Bill C-78 represent the most significant amendments to Canadian family law in over 20 years.
In both contested and uncontested divorces involving children, the court applies the "best interests of the child" standard exclusively. Under Divorce Act, R.S.C. 1985, c. 3, s. 16(1), factors include:
- The nature of the child's relationship with each parent, siblings, and other important people
- Each parent's willingness to support the child's relationship with the other parent
- The child's cultural, linguistic, religious, and spiritual upbringing and heritage
- The child's views and preferences (if appropriate given age and maturity)
- Each parent's ability to care for the child's needs
- Any history of family violence (given primary consideration under section 16(4))
Parents divorcing in New Brunswick must complete the Parent Information Program (PIP), a free self-guided online program consisting of a one-hour parent information video, a 20-minute family law information video, and a 20-30 minute quiz. Completion is required before the court will finalize parenting arrangements.
Child Support Calculations
New Brunswick applies the Federal Child Support Guidelines for all divorce proceedings. The basic table amount is determined by the paying parent's gross annual income and the number of children. For shared parenting arrangements where each parent has at least 40% of parenting time, the court calculates each parent's table amount and typically orders the higher-income parent to pay the difference.
Under the 2025 Federal Child Support Tables (effective October 1, 2025, the most current version as of this writing), a New Brunswick parent earning $60,000 annually would pay $571 per month for one child, $917 for two children, or $1,198 for three children. Parents must also share section 7 expenses (childcare, medical, extracurricular, post-secondary education) in proportion to their incomes.
For uncontested divorces, spouses must agree on child support amounts consistent with the Guidelines. Deviation requires court approval and documented reasons. In contested cases, accurate income disclosure becomes the primary battleground—disputes over business income, bonus structures, and imputed income for underemployed parents generate the most litigation.
Spousal Support in New Brunswick
Spousal support in New Brunswick follows the Spousal Support Advisory Guidelines (SSAG), an advisory framework (not legislation) that calculates support ranges based on formulas. Unlike child support, spousal support is not automatic—the recipient must establish entitlement based on compensatory grounds (career sacrifices during marriage), non-compensatory grounds (need and inability to become self-sufficient), or contractual grounds (marriage agreement).
The SSAG without-child formula calculates support at 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-$18,000 annually ($1,125-$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).
New Brunswick courts routinely use SSAG ranges as the starting point for spousal support determinations. Over 2,900 Canadian trial decisions have cited the Guidelines. In uncontested divorces, spouses can agree to amounts above, below, or within the SSAG range. In contested cases, income verification and entitlement arguments dominate the proceedings.
Common-law partners in New Brunswick can claim spousal support under the Family Law Act, SNB 2020, c. 23 if they cohabited continuously for at least 3 years with one substantially dependent on the other, or if they share a child together regardless of cohabitation duration.
Property Division Under the Marital Property Act
New Brunswick follows the equitable distribution model under the Marital Property Act, RSNB 2012, c. 107, which presumes equal division of marital property. Child care, household management, and financial provision are recognized as contributions of equal importance, entitling each spouse to 50% of marital assets and imposing equal responsibility for marital debts.
Marital property includes assets acquired before or during the marriage that are ordinarily used by the family: the matrimonial home, vehicles, household goods, personal investments, and pensions. The Act specifically exempts business assets from automatic division—a significant distinction from some other provinces.
Under Marital Property Act, RSNB 2012, c. 107, s. 8, business assets may be divided only in three circumstances:
- One spouse unreasonably impoverished the marital property
- Equal division of marital property would be inequitable in all circumstances
- One spouse assumed the majority of child care or household responsibilities, enabling the other to grow the business
Property division claims must be filed within 60 days after the divorce judgment becomes effective. Missing this deadline can result in losing the right to claim division—a critical consideration in contested divorces where final judgment may come unexpectedly.
Filing Your Divorce in New Brunswick
Divorce petitions in New Brunswick must be filed with the Court of King's Bench, Family Division. The Family Division operates in all eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. You file in the district where either spouse resides.
Required documents for an uncontested divorce include:
- Petition for Divorce (Form 72A) or Joint Petition for Divorce (Form 72B)
- Original or certified copy of your marriage certificate
- Affidavit proving service (if sole petition)
- Financial Statement (Form 72J) if claiming support or property division
- Proposed Parenting Order and Child Support Agreement (if children)
- Request for Divorce (Form 72K)
- Clearance Certificate from the Central Registry of Divorce Proceedings
- $110 filing fee (cheque payable to Minister of Finance, Province of New Brunswick)
The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes "Doing Your Own Divorce in New Brunswick," available at provincial libraries or for $10 from PLEIS-NB at (506) 453-5369.
Family Dispute Resolution Options
Under Family Law Act, SNB 2020, c. 23, s. 8(1), New Brunswick courts can order parties to participate in family dispute resolution (FDR) if the judge believes disputed issues are reasonably suited to resolution outside court and FDR would benefit the family. Section 6 requires lawyers to encourage clients to attempt FDR before litigation unless circumstances make it clearly inappropriate (such as family violence).
FDR options in New Brunswick include:
- Negotiation (direct or lawyer-assisted)
- Mediation (publicly funded or private mediators)
- Collaborative family law (lawyers trained in non-adversarial resolution)
- Arbitration (binding decisions by a private arbitrator)
Publicly funded mediation services are available through the Department of Justice and Public Safety for eligible families. Private mediators typically charge $200-$400 per hour, with most mediations requiring 4-12 hours over multiple sessions. Even when full agreement proves impossible, mediation often narrows issues sufficiently to reduce trial time and costs.
How to Convert a Contested Divorce to Uncontested
Many divorces that begin contested eventually settle before trial. In New Brunswick, approximately 95% of filed divorces resolve through negotiation or mediation rather than judicial determination. Converting a contested divorce to uncontested requires reaching written agreement on all outstanding issues and filing a consent order or minutes of settlement with the court.
Strategies to facilitate settlement include:
- Early financial disclosure to establish realistic expectations
- Mediator involvement before positions harden
- Parenting coordination for high-conflict co-parenting situations
- Four-way meetings with collaborative lawyers
- Judicial dispute resolution (settlement conference with a judge)
- Acceptance that "good enough" often beats "perfect" after legal fees
The further litigation progresses, the more money both parties have invested, creating psychological barriers to settlement. Courts actively encourage settlement through mandatory case conferences and pre-trial conferences designed to narrow issues and explore resolution.
Frequently Asked Questions
How long does an uncontested divorce take in New Brunswick?
An uncontested divorce in New Brunswick takes 4-6 weeks from filing to judgment when all documents are complete and error-free. The court processes uncontested matters through desk review without requiring court appearances. After the 31-day appeal period, you can obtain your Certificate of Divorce for $7.
What is the filing fee for divorce in New Brunswick?
The total filing fee for divorce in New Brunswick is $110, comprising $100 for the Petition for Divorce and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa. The Certificate of Divorce costs an additional $7 after judgment. Fee waivers apply for those receiving social assistance or Legal Aid representation.
Can I file for divorce while still living with my spouse?
Yes, you can establish separation while living under the same roof in New Brunswick. Under section 8(3) of the Divorce Act, spouses living "separate and apart" in the same residence must maintain independent lives—separate bedrooms, separate finances, separate social activities, and no marital relations. The court rarely questions this unless your spouse contests the separation claim.
How is property divided in a New Brunswick divorce?
New Brunswick presumes equal (50/50) division of marital property under the Marital Property Act. Marital property includes the matrimonial home, vehicles, investments, pensions, and household goods used by the family. Business assets are generally exempt unless one spouse impoverished marital property, equal division would be inequitable, or one spouse enabled business growth through domestic responsibilities.
What is the difference between parenting time and decision-making responsibility?
Parenting time refers to the periods when a child is in a parent's care, including daily supervision and routine decisions. Decision-making responsibility means authority over major decisions about the child's education, healthcare, religion, and significant extracurricular activities. Since March 2021, Canadian courts use these terms instead of "custody" and "access."
How is child support calculated in New Brunswick?
New Brunswick applies the Federal Child Support Guidelines, which set basic monthly amounts based on the paying parent's gross income and number of children. Under the 2025 tables, a parent earning $60,000 pays $571 monthly for one child. Parents also share extraordinary expenses (childcare, medical, extracurriculars) proportionate to their incomes.
Do I need a lawyer for an uncontested divorce in New Brunswick?
You are not legally required to have a lawyer for an uncontested divorce in New Brunswick. Self-represented litigants can file using forms from the Court of King's Bench website. However, lawyer assistance ($1,500-$3,500) helps ensure documents are error-free, which prevents delays and rejected filings. Complex cases involving children, property, or support benefit from legal advice.
What happens if my spouse does not respond to the divorce petition?
If your spouse fails to file an Answer within 20 days of service in New Brunswick (40 days if served outside the province), you can proceed with an uncontested divorce by default. You must file proof of service and can then request judgment based on your petition. The court may still require evidence supporting claims for support or parenting arrangements.
Can I get spousal support in a New Brunswick divorce?
Spousal support is not automatic in New Brunswick. You must establish entitlement based on compensatory grounds (career sacrifices during marriage), need-based grounds (inability to become self-sufficient), or contractual grounds. The Spousal Support Advisory Guidelines calculate ranges based on income difference and marriage length—typically 1.5-2% of the income gap per year married.
How long do I have to file for property division after divorce?
You must file a property division application within 60 days after the divorce judgment becomes effective under the Marital Property Act. Missing this deadline can permanently bar your property claims. In contested divorces, ensure property issues are resolved before or simultaneously with the divorce, not left for later.
This guide provides general legal information about contested vs uncontested divorce in New Brunswick and is not legal advice. Divorce laws change, and every situation involves unique circumstances. For advice specific to your case, consult a family lawyer licensed in New Brunswick. Filing fees verified as of March 2026—confirm current amounts with the Court of King's Bench, Family Division before filing.