Residency requirements 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.