Filing for divorce in Prince Edward Island without an attorney costs CAD $300 in court fees. You must meet the residency requirement of 1 year in Prince Edward Island. Prince Edward Island 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 Prince Edward Island-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | CAD $300 (The court filing fee is approximately CAD $300 for a divorce application. Fee waivers may be available for those with financial hardship.) |
| Residency Requirement | 1 year in Prince Edward Island |
| 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 Prince Edward Island, you must meet the following residency requirement: 1 year in Prince Edward Island.
At least one spouse must have been ordinarily resident in PEI for at least 1 year immediately before starting the divorce proceeding in the Supreme Court of PEI (Family Section).
Tip: Victoria AI can help you determine if you meet Prince Edward Island's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Prince Edward Island without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been ordinarily resident in PEI for at least 1 year immediately before starting the divorce proceeding in the Supreme Court of PEI (Family Section).
Download the official Prince Edward Island divorce forms: Petition for Divorce, Affidavit, Financial Statement. All forms are available from the Prince Edward Island 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 Prince Edward Island court and pay the filing fee of CAD $300. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Prince Edward Island rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Prince Edward Island law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Under the federal Divorce Act, you must live separate and apart for 1 year for no-fault divorce. The application can be filed before the year is up.
Submit your final judgment to the court. For uncontested divorces in Prince Edward Island, 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 Prince Edward Island. Victoria AI guides you through completing each form correctly.
Initiates the divorce
Sworn statement of facts
Financial disclosure
Final decree
The filing fee to start a divorce in Prince Edward Island is CAD $300. The court filing fee is approximately CAD $300 for a divorce application. Fee waivers may be available for those with financial hardship.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | CAD $300 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | CAD $500-$1,800 (uncontested DIY) |
If you cannot afford the filing fee, Prince Edward Island 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 Prince Edward Island, 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. Prince Edward Island courts are strict about service requirements.
Prince Edward Island is a equitable distribution state.
PEI's Family Law Act provides for equal division of family property. Matrimonial home has special protection. Pre-marriage property and gifts/inheritance may be excluded.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Prince Edward Island law applies to your specific property.
Prince Edward Island uses the Federal Child Support Guidelines.
PEI uses the Federal Child Support Guidelines. The Maintenance Enforcement Program handles collection and distribution of support payments.
Understanding the timeline helps you plan and set realistic expectations for your Prince Edward Island 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 $300 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, you must live separate and apart for 1 year for no-fault divorce. The application can be filed before the year is up.
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.
Canada's smallest province
Supreme Court Family Section
Uncontested desk procedure
Maintenance Enforcement Program
Community Legal Information
Family mediation services
Common questions about filing for divorce in Prince Edward Island without an attorney.
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