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Campbellton Divorce Lawyers

New Brunswick

By Antonio G. Jimenez, Esq., Florida Bar No. 21022 | Covering New Brunswick divorce lawLast updated June 17, 20267 min read

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To divorce in Campbellton, you file a Petition for Divorce at the Court of King's Bench, Family Division, 157 Water Street, which serves all of Restigouche County. The filing fee is $110, one spouse must have lived in New Brunswick for at least 12 months, and uncontested cases typically finalize in 4 to 8 weeks.

CountyRestigouche County
Filing fee$110 ($100 petition + $10 Clearance Certificate)
Filing courtCourt of King's Bench, Family Division, Judicial District of Campbellton
Court addressCity Centre Mall, Suite 202, 157 Water Street, P.O. Box 5001, Campbellton, NB E3N 3H5
Property divisionEqual division (50/50) under the Marital Property Act, RSNB 2012, c. 107
Waiting periodOne year of separation (most common ground); uncontested cases finalize 4-8 weeks after filing
Residency requirementOne spouse ordinarily resident in New Brunswick for 12 months before filing (Divorce Act s. 3(1))

Campbellton sits in Restigouche County at the northern tip of New Brunswick, on the Restigouche River across from Quebec. If you live in Campbellton, Atholville, Tide Head, or the surrounding Restigouche County communities and need a divorce, your case is handled locally through the Judicial District of Campbellton. This guide covers exactly where you file, what it costs, how long it takes, and the New Brunswick statutes that govern property, support, and parenting arrangements.

Campbellton divorce: key facts

DetailInformation
CountyRestigouche County
Filing courtCourt of King's Bench, Family Division, Judicial District of Campbellton
Court addressCity Centre Mall, Suite 202, 157 Water Street, P.O. Box 5001, Campbellton, NB E3N 3H5
Filing fee$110 ($100 petition + $10 Clearance Certificate)
Residency requirementOne spouse ordinarily resident in New Brunswick for 12 months before filing
Waiting periodOne year of separation (most common ground)
Property modelEqual division (50/50) under the Marital Property Act

How do I file for divorce in Campbellton, New Brunswick?

To file for divorce in Campbellton, submit a Petition for Divorce (Form 72A) or a Joint Petition for Divorce (Form 72B) to the Registrar of the Court of King's Bench, Family Division at 157 Water Street. The filing fee is $110, made payable to the Minister of Finance for the Province of New Brunswick. You become the Applicant and your spouse the Respondent.

Filing is governed by the federal Divorce Act § 8, which sets out breakdown of the marriage as the sole ground. Most Campbellton couples proceed on the one-year separation ground rather than alleging adultery or cruelty, because separation requires no extra evidence. You may file before the full year has passed, but the court cannot grant the divorce judgment until the 12 months of separation are complete. If you and your spouse agree on all terms, a Joint Petition (Form 72B) lets you avoid serving documents and moves faster through the Campbellton registry.

Where do I file for divorce in Campbellton? (which courthouse)

Campbellton divorces are filed at the Court of King's Bench, Family Division, located in the City Centre Mall, Suite 202, 157 Water Street, Campbellton, NB E3N 3H5. This is the only Court of King's Bench location serving Restigouche County, and it handles divorce, division of marital property, spousal and child support, and parenting orders for the entire judicial district.

The Campbellton court office can be reached at (506) 789-2364 (fax (506) 789-2062, email ST-Campbellton-CS@gnb.ca). New Brunswick has eight judicial districts, and your correct district is wherever either spouse ordinarily resides. If you or your spouse lives in Campbellton, Atholville, Tide Head, Dalhousie, or anywhere in Restigouche County, the Campbellton registry is your filing location. Note that some older forms still reference the former "Court of Queen's Bench" name, but the address and current Court of King's Bench designation apply.

How much does a divorce lawyer cost in Campbellton?

A Campbellton divorce lawyer typically charges $200 to $350 per hour, with a simple uncontested divorce running roughly $1,500 to $3,000 in total legal fees on top of the $110 court filing fee. Contested matters involving disputed property, support, or parenting arrangements commonly reach $7,000 to $15,000 or more, depending on how many issues require negotiation or a hearing.

The largest cost driver is conflict, not geography. An uncontested joint petition where both spouses agree on property division and parenting can sometimes be completed for a flat fee. Couples who qualify financially may avoid lawyer fees entirely through New Brunswick Legal Aid, and residents receiving social assistance under the Family Income Security Act are exempt from the $110 court fee under Rule 72.24(2). To estimate your own situation, use the divorce cost estimator before booking a consultation.

How long does a divorce take in Campbellton?

An uncontested divorce in Campbellton typically finalizes in 4 to 8 weeks after filing, provided the one-year separation period is already complete and all paperwork is in order. Because the separation ground requires 12 months of living separate and apart, the practical minimum from separation to final judgment is about 13 to 14 months.

Contested cases take much longer. When spouses disagree about marital property, support amounts, or parenting time, the matter moves through case management at the Campbellton Court of King's Bench and can take 12 to 24 months. Divorcing parents receive two orders: the divorce judgment and a Corollary Relief Order detailing parenting arrangements, child support, and property. After the divorce is granted, you can request a Certificate of Divorce (Form 72O) for a $7 fee, which you need if you intend to remarry.

What are the residency requirements to file in Restigouche County?

To file for divorce through the Campbellton court, at least one spouse must have ordinarily resided in New Brunswick for at least 12 months immediately before the petition is filed, under Divorce Act § 3(1). There is no separate Restigouche County or municipal residency rule; residence anywhere in New Brunswick for one year qualifies you to file at the Campbellton registry.

You do not need to be a Canadian citizen. Residency can be proven with a New Brunswick driver's licence, a Medicare health card, or witness testimony. "Ordinarily resident" means a settled intention to live in New Brunswick, not a temporary stay. One important caveat for parents: if children are involved, the Divorce Act generally requires filing in the province where the children ordinarily reside, so Campbellton-based parents whose children live elsewhere should confirm jurisdiction before filing.

How is property divided in a Campbellton divorce?

New Brunswick uses an equal division model, meaning marital property is presumptively split 50/50 between spouses under the Marital Property Act, RSNB 2012, c. 107. Section 2 of the Act treats child care, household management, and financial provision as joint responsibilities of equal importance, so each spouse is entitled to an equal share of marital property and bears an equal share of marital debts.

Marital property includes the matrimonial home, vehicles, household goods, pensions, and investments ordinarily used by the family. The 50/50 presumption can be displaced where equal division would be inequitable. Property division is not automatic in a divorce judgment; a separate application under the Marital Property Act may be required and must generally be filed within 60 days of the divorce being granted. Each party must file a verified Financial Statement (Form 72J) disclosing all property and debts. The equal-division rules do not apply automatically to common-law couples, who need a cohabitation or separation agreement instead.

What about parenting arrangements in Campbellton?

Parenting matters in Campbellton are decided under New Brunswick's Family Law Act, SNB 2020, c. 23, using the best interests of the child standard at the time of the dispute. New Brunswick law uses the terms parenting time and decision-making responsibility rather than "custody" or "access," consistent with the 2021 amendments to the federal Divorce Act.

A parenting order sets out how parenting time is shared and which parent holds decision-making responsibility for major matters such as education, health care, and religion. Spouses cannot contract away a child's right to parenting time in a property agreement under section 35(2) of the Marital Property Act; parenting must always be decided on the child's best interests. To estimate support obligations tied to your parenting schedule, use the child support calculator, which applies the Federal Child Support Guidelines used across New Brunswick.

Frequently Asked Questions About Divorce in Campbellton

Where do Campbellton residents file for divorce?

Campbellton residents file at the Court of King's Bench, Family Division, City Centre Mall, Suite 202, 157 Water Street, Campbellton, NB E3N 3H5. This registry serves the Judicial District of Campbellton, which covers all of Restigouche County. Reach the court office at (506) 789-2364.

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How much does it cost to file for divorce in Campbellton?

The court filing fee is $110: $100 for the Petition for Divorce plus $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. Residents on social assistance or represented by Legal Aid are exempt under Rule 72.24(2). A later Certificate of Divorce costs an additional $7.

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How long do I have to live in New Brunswick before filing in Campbellton?

At least one spouse must have ordinarily resided in New Brunswick for 12 months immediately before filing, under Divorce Act section 3(1). There is no separate Restigouche County residency rule, so one year anywhere in New Brunswick qualifies you to file at the Campbellton registry.

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How long does an uncontested divorce take in Campbellton?

An uncontested divorce in Campbellton typically finalizes in 4 to 8 weeks after filing, once the one-year separation is complete. Counting the mandatory 12-month separation period, the practical minimum from separation to final judgment is about 13 to 14 months.

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How is property divided in a New Brunswick divorce?

New Brunswick applies an equal 50/50 division of marital property under the Marital Property Act, RSNB 2012, c. 107. The presumption covers the matrimonial home, pensions, vehicles, and household goods, and can be displaced only where an equal split would be inequitable. Common-law couples are not covered automatically.

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Does New Brunswick use the term child custody?

No. New Brunswick and the federal Divorce Act use parenting time and decision-making responsibility instead of "custody" since the 2021 Divorce Act amendments. A parenting order sets out how parenting time is shared and which parent makes major decisions, always based on the child's best interests under the Family Law Act, SNB 2020, c. 23.

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Can I get a divorce in Campbellton without a lawyer?

Yes. You may self-file a Petition for Divorce (Form 72A) or Joint Petition (Form 72B) at the Campbellton Court of King's Bench for the $110 fee. Self-filing works best for uncontested cases with no disputes over property, support, or parenting. Contested matters generally warrant a Campbellton divorce lawyer.

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What grounds do I need to divorce in Campbellton?

Canada has one ground: breakdown of the marriage, under Divorce Act section 8. It is shown by one year of separation, adultery, or cruelty. About 95% of New Brunswick divorces use the no-fault one-year separation ground because adultery and cruelty require additional evidence and court time.

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8 frequently asked questions about divorce in campbellton. Click a question to expand the answer.

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