NOVA SCOTIA DIVORCE GUIDE

How to File for Divorce in Nova Scotia
Without a Lawyer

Filing for divorce in Nova Scotia without an attorney costs CAD $279.40 in court fees. You must meet the residency requirement of 1 year in Nova Scotia. Nova Scotia 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 Nova Scotia-specific instructions.

CAD $279.40
Filing Fee
1 year separation
Waiting Period
1 year in Nova Scotia
Residency
3-5 months (after separation)
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Nova Scotia Divorce Requirements at a Glance

Filing FeeCAD $279.40 (The court filing fee is CAD $279.40 for a divorce application. Additional fees apply for various filings. Fee waivers available for financial hardship.)
Residency Requirement1 year in Nova Scotia
Waiting Period1 year separation
Property DivisionEquitable Distribution (fair, not equal)
Grounds for Divorce1 year separation (no-fault), Adultery, Mental or physical cruelty
No-Fault Only?No (fault grounds available)
Uncontested Timeline3-5 months (after separation)
Contested Timeline1-2 years
Fee Waiver Available?Yes
~3,500
Divorces per year in Nova Scotia
~40%
Pro se filers
3-5 months (uncontested)
Average duration
CAD $279
Median filing fee

Nova Scotia Residency Requirements

To file for divorce in Nova Scotia, you must meet the following residency requirement: 1 year in Nova Scotia.

At least one spouse must have been ordinarily resident in Nova Scotia for at least 1 year immediately before commencing the divorce proceeding in the Supreme Court of Nova Scotia (Family Division).

Tip: Victoria AI can help you determine if you meet Nova Scotia's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in Nova Scotia: Step-by-Step

Follow these steps to file for divorce in Nova Scotia without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been ordinarily resident in Nova Scotia for at least 1 year immediately before commencing the divorce proceeding in the Supreme Court of Nova Scotia (Family Division).

STEP 2

Gather Required Forms

Download the official Nova Scotia divorce forms: Notice of Action, Statement of Claim, Affidavit. All forms are available from the Nova Scotia courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Form 49.01A) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Nova Scotia court and pay the filing fee of CAD $279.40. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Nova Scotia rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Nova Scotia law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Under the federal Divorce Act, you must be separated for 1 year before the divorce can be granted. You can file your application before the year is complete.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Nova Scotia, this typically takes 3-5 months (after separation). The court will issue your final divorce decree.

Required Forms for Nova Scotia Divorce

These are the primary forms you'll need to file for divorce in Nova Scotia. Victoria AI guides you through completing each form correctly.

Notice of Action

Form 49.01A

Initiates the divorce

Statement of Claim

Form 49.02

Details of claim

Affidavit

Supporting

Sworn statement

Divorce Order

Final

Final decree

Nova Scotia Divorce Costs & Filing Fees

The filing fee to start a divorce in Nova Scotia is CAD $279.40. The court filing fee is CAD $279.40 for a divorce application. Additional fees apply for various filings. Fee waivers available for financial hardship.

Cost TypeAmount
Court Filing FeeCAD $279.40
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY UncontestedCAD $500-$2,000 (uncontested DIY)

Fee Waiver Available in Nova Scotia

If you cannot afford the filing fee, Nova Scotia 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.

Serving Your Spouse in Nova Scotia

After filing your divorce petition in Nova Scotia, 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.

Acceptable Methods of Service in Nova Scotia

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Nova Scotia courts are strict about service requirements.

Property Division in Nova Scotia

Equitable Distribution State

Nova Scotia is a equitable distribution state.

Nova Scotia's Matrimonial Property Act provides for equal division of matrimonial assets. Business assets and assets owned before marriage may be treated differently.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Nova Scotia law applies to your specific property.

Child Support in Nova Scotia

Nova Scotia uses the Federal Child Support Guidelines.

Nova Scotia uses the Federal Child Support Guidelines. The Maintenance Enforcement Program ensures payments are made and can take enforcement action for non-compliance.

Spousal Support Factors in Nova Scotia

  • Economic advantages/disadvantages from marriage
  • Financial consequences of child care
  • Economic hardship from marriage breakdown
  • Self-sufficiency within reasonable time
  • Length of marriage
  • Spousal Support Advisory Guidelines

Nova Scotia Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Nova Scotia divorce.

Uncontested Divorce

3-5 months (after separation)

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

1-2 years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Nova Scotia Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the CAD $279.40 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

1 year separation - Under the federal Divorce Act, you must be separated for 1 year before the divorce can be granted. You can file your application before the year is complete.

5

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.

What Makes Nova Scotia Divorce Unique

Supreme Court Family Division

Uncontested desk divorce available

Maintenance Enforcement Program

Parenting education required

Family mediation services

Legal information services available

Key Nova Scotia Divorce Laws

  • Divorce Act (Canada)Federal Divorce Law
  • Matrimonial Property Act (NS)Property Division
  • Maintenance and Custody Act (NS)Support and Custody
  • Federal Child Support GuidelinesChild Support

Nova Scotia Divorce FAQ

Common questions about filing for divorce in Nova Scotia without an attorney.

Victoria AI Knows Nova Scotia Divorce Law

Get 24/7 guidance specific to Nova Scotia's forms, procedures, and requirements.

Nova Scotia-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Nova Scotia's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All Nova Scotia divorce information verified from official state court sources.

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