Divorce Resources in Newfoundland and Labrador: Court Forms, Legal Aid & Filing Guide

To file for divorce in Newfoundland and Labrador, you must apply to the Supreme Court, either the Family Division (St. John's area) or the General Division (all other areas). Under Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1), at least one spouse must have been ordinarily resident in the province for one year immediately before the application. The filing fee is $130, which includes a $10 Central Registry of Divorce Proceedings fee required under SOR/86-547. You must complete Form F4.03A (Originating Application) or Form F4.04A (Joint Originating Application) if both spouses agree. The original marriage certificate must accompany your application. If you claim support or property division, you must also file Form F10.02A (Financial Statement).

After filing the Originating Application with the court registry, you must serve the respondent personally under the Supreme Court Family Rules. A person at least 19 years old — not the applicant — must deliver the documents directly to the respondent when the application includes a divorce or parenting claim. The server then completes Form F8.03A (Affidavit of Service), which you file with the court as proof of service. The respondent has 30 days from the date of service to file Form F6.02A (Response). The court forwards a copy of your application to Family Justice Services, which contacts both parties for intake assessment, a mandatory Parent Information Program session, and mediation under Family Law Act, RSNL 1990, c. F-2, s. 4.

For uncontested divorces where the respondent does not file a Response or agrees to the terms, you file Form F26.02A (Application for Judgment) requesting the court grant a Divorce Judgment. The judgment fee is $60. Under Divorce Act, s. 12(1), the divorce takes effect on the 31st day after the judgment is granted, allowing time for appeal. Once the divorce is final, you may obtain a Certificate of Divorce for $20 by submitting a request form to the court registry that granted your divorce. Submit your request at least 30 days before you need the certificate. The total minimum cost for an uncontested divorce is $210: the $130 filing fee, $60 judgment fee, and $20 Certificate of Divorce.

Newfoundland and Labrador requires all parents involved in family court proceedings to attend the Parent Information Program offered through Family Justice Services (FJS), a division of the Supreme Court. Attendance is mandatory — the court refers all applications involving parenting arrangements or child support to FJS upon filing. Each parent attends a separate session covering the impact of separation on children, parenting after separation, and the family law process. The program is available online at supreme.courtcourses.ca. Upon completion, parents receive a certificate that may be required as proof of completion. There are no fees for any Family Justice Services, including the Parent Information Program. Parents not involved in court proceedings are also encouraged to attend. FJS offices are located in St. John's, Clarenville, Marystown, Gander, Grand Falls-Windsor, Stephenville, Labrador City, and Happy Valley-Goose Bay.

Under Family Law Act, RSNL 1990, c. F-2, s. 4, the court may appoint a mediator selected by the parties to mediate specific matters. Family Justice Services (FJS) provides free mediation for parenting and child support disputes. After intake and the mandatory Parent Information Program, a mediator meets with both parties — separately or jointly — to help reach an agreement. If an agreement is reached, it can be filed as a court order without the parties attending court. Mediation through FJS is expected but not technically compulsory; however, the court forwards all applications to FJS and parties are expected to participate. Before mediation begins, parties must agree whether the mediator files a full report (including all relevant information) or a limited report (stating only whether agreement was reached). Under s. 4(6), where parties agree to a limited report, statements made during mediation are not admissible in court proceedings. Mediation fees through FJS are free; if a private mediator is appointed under s. 4(8), the court requires both parties to pay the mediator's fees and may order one party to pay the full amount where it would cause the other serious financial hardship.

Full financial disclosure is mandatory in all Newfoundland and Labrador family law proceedings involving support or property division. Under the Supreme Court Family Rules, parties must file Form F10.02A (Financial Statement), a sworn document detailing all income, expenses, assets, and liabilities. Where matrimonial property division is claimed under Family Law Act, RSNL 1990, c. F-2, Parts I and II, parties must also file Form F10.04A (Property Statement) listing all matrimonial assets and their values. The general principle under the Act is that both spouses own all matrimonial assets equally, and the court will normally split the value equally. Parties may serve Form F11.02A (Demand to Disclose) requiring the other party to produce specific financial documents. Financial statements must be filed before any settlement conference. The Federal Child Support Guidelines, SOR/97-175, require disclosure of income tax returns, notices of assessment, pay stubs, and other income documentation when child support is at issue. Failure to provide adequate financial disclosure can result in adverse inferences or cost consequences.