Filing for divorce in New Brunswick without an attorney costs CAD $125 in court fees. You must meet the residency requirement of 1 year in New Brunswick. New Brunswick is a equitable distribution state with a 1 year separation waiting period. An uncontested divorce typically takes 3-5 months (after separation). Victoria AI guides you through every step with New Brunswick-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | CAD $125 (The court filing fee is approximately CAD $125 for a divorce application. New Brunswick has some of the lowest divorce filing fees in Canada. Fee waivers available.) |
| Residency Requirement | 1 year in New Brunswick |
| Waiting Period | 1 year separation |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | 1 year separation (no-fault), Adultery, Mental or physical cruelty |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 3-5 months (after separation) |
| Contested Timeline | 1-2 years |
| Fee Waiver Available? | Yes |
To file for divorce in New Brunswick, you must meet the following residency requirement: 1 year in New Brunswick.
At least one spouse must have been ordinarily resident in New Brunswick for at least 1 year immediately before starting the divorce proceeding in the Court of King's Bench (Family Division).
Tip: Victoria AI can help you determine if you meet New Brunswick's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in New Brunswick without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been ordinarily resident in New Brunswick for at least 1 year immediately before starting the divorce proceeding in the Court of King's Bench (Family Division).
Download the official New Brunswick divorce forms: Petition for Divorce, Financial Statement, Affidavit. All forms are available from the New Brunswick courts website.
Fill out the divorce petition (Form 70A) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the New Brunswick court and pay the filing fee of CAD $125. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to New Brunswick rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by New Brunswick law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. The application can be filed before the year is complete if you expect to meet the requirement by hearing.
Submit your final judgment to the court. For uncontested divorces in New Brunswick, this typically takes 3-5 months (after separation). The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in New Brunswick. Victoria AI guides you through completing each form correctly.
Initiates the divorce
Financial disclosure
Sworn statement of facts
Final divorce decree
The filing fee to start a divorce in New Brunswick is CAD $125. The court filing fee is approximately CAD $125 for a divorce application. New Brunswick has some of the lowest divorce filing fees in Canada. Fee waivers available.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | CAD $125 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | CAD $300-$1,500 (uncontested DIY) |
If you cannot afford the filing fee, New Brunswick offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in New Brunswick, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. New Brunswick courts are strict about service requirements.
New Brunswick is a equitable distribution state.
New Brunswick's Marital Property Act provides for equal division of marital property. Assets acquired during marriage are divided 50/50. Pre-marriage assets and gifts/inheritance are generally excluded.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how New Brunswick law applies to your specific property.
New Brunswick uses the Federal Child Support Guidelines.
New Brunswick uses the Federal Child Support Guidelines. Support is determined by the paying parent's income and number of children. The Family Support Orders Service helps with enforcement.
Understanding the timeline helps you plan and set realistic expectations for your New Brunswick divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the CAD $125 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
1 year separation - Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. The application can be filed before the year is complete if you expect to meet the requirement by hearing.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Lowest filing fees in Canada (~$125)
Court of King's Bench Family Division
Bilingual services (English/French)
Family Support Orders Service
Uncontested desk divorce available
Public Legal Education services
Common questions about filing for divorce in New Brunswick without an attorney.
Get 24/7 guidance specific to New Brunswick's forms, procedures, and requirements.
New Brunswick-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using New Brunswick's exact guidelines
AI document drafting
Create properly formatted legal documents
Evidence notebook
Organize and categorize case documents
24/7 AI guidance
Ask Victoria anything, anytime
AES-256 encryption, SOC 2 ready infrastructure. Your documents are protected.
Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All New Brunswick divorce information verified from official state court sources.
Victoria is ready to guide you through every step of the New Brunswick divorce process. Start your free trial today.
7-day free trial • Cancel anytime • Charged after trial ends