Sussex is a town of roughly 4,300 residents in Kings County, New Brunswick, sitting along Route 1 between Moncton and Saint John. There is no standalone Court of King's Bench Family Division office in Sussex itself. Kings County falls within the Judicial District of Saint John, so Sussex residents file divorce paperwork at the Saint John Law Courts. This page explains where to file, what it costs, how long it takes, and the New Brunswick statutes that govern your divorce.
Key Facts: Filing for Divorce in Sussex (Kings County)
| Item | Detail |
|---|---|
| County | Kings County |
| Filing court | Court of King's Bench, Family Division, Judicial District of Saint John |
| Court address | Saint John Law Courts, 10 Peel Plaza, P.O. Box 5001, Saint John NB E2L 3G6 |
| Filing fee | $110 ($100 petition + $10 Clearance Certificate) |
| Residency requirement | One spouse ordinarily resident in NB for 1 year before filing |
| Waiting period | 1-year separation (no-fault); divorce effective 31 days after judgment |
| Property model | Equal division (50/50) under the Marital Property Act |
How do I file for divorce in Sussex, New Brunswick?
To file for divorce from Sussex, you submit a Petition for Divorce (Form 72A) or a Joint Petition (Form 72B) to the Registrar of the Court of King's Bench, Family Division at the Saint John Law Courts. The total filing fee is $110, made payable to the Minister of Finance for the Province of New Brunswick. Most Sussex couples file on the no-fault ground of one year's separation.
For a sole petition (Form 72A), you must serve your spouse, who then has 20 days to file an Answer if served within New Brunswick (40 days if served outside the province). A joint petition skips service entirely because both spouses sign at the outset. After the response window closes, you obtain a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, then submit the final affidavit for judicial review. In uncontested matters, a judge reviews the file without a hearing. The procedural rules are set out in Rule 72 of the Rules of Court.
Where do I file for divorce in Sussex? (which courthouse)
Sussex residents file at the Court of King's Bench, Family Division in Saint John, located at the Saint John Law Courts, 10 Peel Plaza, Saint John NB E2L 3G6. The Family Division phone line is (506) 658-2400. Because Kings County is part of the Judicial District of Saint John, there is no closer Family Division registry in Sussex, Hampton, or anywhere else in Kings County.
From downtown Sussex, the Saint John Law Courts are about a 70 to 80 kilometre drive southwest along Route 1, roughly an hour. The courthouse moved to 10 Peel Plaza from its older Charlotte Street location, so confirm the current registry address by phone before you make the trip. For general procedural questions, New Brunswick operates a toll-free family law information line at 1-888-236-2444.
How much does a divorce lawyer cost in Sussex?
A divorce lawyer serving Sussex typically charges $200 to $400 per hour, with hourly rates in the Saint John region often lower than in Toronto or Vancouver. A straightforward uncontested divorce usually runs $1,800 to $3,500 in total legal fees. A contested divorce involving disputes over property, support, or parenting arrangements commonly costs $8,000 to $25,000 or more, depending on how many issues go to a hearing.
The court filing fee is a separate, fixed $110 regardless of which lawyer you hire. If you qualify for Legal Aid or receive social assistance under the Family Income Security Act, the filing fee is waived under Marital Property Act and Rule 72.24(2). To estimate your total exposure before you commit, run your numbers through the divorce cost estimator.
How long does a divorce take in Sussex?
The single biggest factor is the mandatory one-year separation required under section 8(2)(a) of the Divorce Act. You can file your petition before the full year elapses, but a judge will not grant the divorce until 12 continuous months of separation have passed. After that threshold is met, an uncontested divorce in the Saint John judicial district typically processes in 4 to 8 weeks.
Joint petitions (Form 72B) move fastest, often 4 to 6 weeks, because no service or 20-day Answer period applies. Sole petitions add 2 to 4 weeks for service and the response window. Once the judge signs the judgment, the divorce does not become final until 31 days later under section 12(1) of the Divorce Act, the period during which either spouse may appeal. Filing an Agreement Not to Appeal (Form 72L) lets the divorce take effect immediately.
What are the residency requirements to file in Kings County?
Under section 3(1) of the federal Divorce Act, at least one spouse must have been ordinarily resident in New Brunswick for at least one year immediately before the divorce petition is filed. There is no separate Kings County or Sussex residency rule. Living anywhere in New Brunswick for 12 months qualifies you to file at the Saint John Law Courts.
"Ordinarily resident" means a settled intention to live in New Brunswick, not merely temporary presence. Canadian citizenship is not required. Any legally married couple where one spouse meets the one-year provincial residency test can file, regardless of immigration status or the country where the marriage took place.
How is property divided in a Sussex divorce?
New Brunswick follows an equal-division model under the Marital Property Act, RSNB 2012, c. 107. Section 2 establishes that each spouse is entitled to an equal share of the marital property and bears an equal share of the marital debts, treating household management and financial provision as joint responsibilities of equal importance.
Courts can order an unequal split under section 7 when a 50/50 division would be inequitable. Business assets are generally exempt from division, and section 6 lets a court exclude pre-marriage assets, gifts, or inheritances where including them would be unfair. A divorce judgment does not automatically divide property, so a separate Marital Property Act application is usually required and must be filed within 60 days of the divorce being granted. Note that common-law partners are not covered by the Act and must rely on constructive or resulting trust claims.
How do parenting arrangements work after a Sussex divorce?
Since March 1, 2021, the Divorce Act replaced "custody" and "access" with "decision-making responsibility" and "parenting time." New Brunswick courts decide parenting arrangements based only on the best interests of the child, giving priority to the child's physical, emotional, and psychological safety under section 16 of the Divorce Act. There is no presumption of equal parenting time.
Parents are encouraged to create their own parenting plans, which courts will accept unless they are not in the child's best interests. A parent who wants to relocate must give 60 days' written notice to anyone with parenting time or decision-making responsibility, and the other parent has 30 days to object. Child support follows the Federal Child Support Guidelines based on the payor's income and the number of children. Estimate yours with the child support calculator.