New Brunswick

Divorce Residency Requirements To Get Divorce In New Brunswick

In New Brunswick, the one filing divorce is called the petitioner, and the defending party is called the respondent. Either spouse or both can file for divorce, or they can file together as co-petitioners. An uncontested divorce, referred to as an affidavit divorce, means that both spouses agree on the terms of the divorce.

When filing for an online or in-person divorce without an attorney in New Brunswick, you should file in the city, county, or municipality where either of the petitioners lives. If there are children from the marriage, filing in the area they live is often required.

One requirement for any divorce in New Brunswick is that the marriage certificate is provided. If neither party has access to the certificate, a replacement can be obtained through the Vital Statistics Agency. You will not need to wait for the certificate before beginning the filing process with Divorce.com.

The Divorce Act of Canada, passed in 1986, established the potential grounds for divorce in the country. It lays out both at-fault and no-fault reasons for divorce and provides a basis for spousal and child support as well as child custody. However, debt and property distribution is covered under the laws of each province or territory.

Divorce.com provides all documents needed to file divorce papers under the Divorce Act, as well as the separation agreement covering property and debt issues. To process this portion of the divorce without an attorney, you and your spouse will need to have reached a full agreement on all property and debt issues.

Residency Requirements For Uncontested Divorce In New Brunswick

You can file divorce forms in any province or territory where a spouse has lived during the prior year. If there are children involved in the divorce, it will need to be filed where the children live.

Reasons For Divorce In New Brunswick

There are three distinct grounds or reasons for divorce in Canada. They include:

• Separated: This is a no-fault judgment and the spouses must have lived apart for a year. The divorce may be filed before the year has passed, but a decision won’t be issued until after one full year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This type of situation is not usually questioned.
• Adultery
• Cruelty

The second and third grounds for divorce are only available to the petitioner, meaning that the one who committed the act cannot file for divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period, but may be more difficult to establish. It may be impossible to utilize one of those grounds when filing a joint petition.

Property Distribution In New Brunswick

Because property and debt division are covered by territorial or provincial law, situations will vary from case to case. It is generally understood that property obtained during a marriage is shared between spouses and there is some mechanism utilized to divide it fairly. An agreement as to distribution must be met for spouses to utilize Divorce.com for an uncontested divorce.