Doing Your Own Divorce

If you want to file for an uncontested divorce in New Brunswick, you may be able to complete the process yourself without hiring a lawyer. PLEIS NB has created a guide to help you understand the steps involved in filing for divorce and the documents that you must submit to the court.

Uncontested means that you and your ex-spouse do not have any legal disagreements to settle – for example:

  • You either do not have children, or you have already agreed on the parenting arrangements and child support
  • You do not own any shared property, or you have already agreed on how to divide your shared property

The Doing Your Own Divorce Guide provides an overview of the process, explains the forms that are required, and outlines the steps that must be followed for the court to grant a divorce.

PLEIS NB has created a video that explains the process of completing an uncontested divorce.

The following video provides an overview of the steps involved, the documents required, and helpful tips for individuals who are completing the process without the help of a lawyer.

If you are doing a divorce by yourself in the judicial district of Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, or Woodstock – use form 72A.

If you and your ex-spouse are petitioning the court together in the judicial district of Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, or Woodstock – use form 72B.

If you live in the judicial district of Saint John or Moncton, you must use Form 81A. There is no joint application in these regions.

Send or take your documents to:

Registrar, Court of King’s Bench,
P.O. Box 6000
427 Queen Street, Room 202
Fredericton, NB E3B 5H1

Wait for the court to return the original with a “Court File” number. This could take 2-3 weeks.

  • Example of a completed Cover Letter for a Petition for Divorce

You cannot serve these documents yourself. You must arrange another adult or a process server to serve them. You can also use registered mail or courier.

You must make sure these documents are served on your spouse within 6 months.

Wait for the Respondent (your spouse) to reply. The time allowed depends on where your spouse lives.

You will need to prepare an affidavit of service:

Affidavit of Service: Form 18B

Acknowledgement of Receipt Card: Form 18A

This is a “package” of all the relevant documents you need to file with the court to show you followed the steps required in a divorce process (e.g. Index, affidavits, proof of service, original petition, all the attachments).

You will have to decide if you are proceeding by Affidavit Evidence or by Court Hearing. Uncontested divorces usually are heard by affidavit evidence.

Wait for your “Clearance Certificate”. The Registrar’s office will forward it to you. This could take 2-3 months.

You will need to prepare the following forms:

Other documents:

When you get your clearance certificate and have prepared all required documents, you are ready to file.

Once you swear your affidavit of evidence before a Commissioner of Oaths, you must file your trial record within 5 days. You have 14 days to file if it is a Joint Petition.

Send or take it to the Court Administrator, Court of King’s Bench, Family Division in your Judicial District. Do not file the trial record without your Clearance Certificate.

Wait for your Divorce Judgement. For an uncontested divorce, this could take 4 – 6 weeks. It could take longer if you have any errors or omissions or if you need a court hearing.

This is an initial ruling approving your divorce.

Your divorce becomes effective on the 31st day after the date of the judgment (unless one spouse appeals).

The Divorce Judgement is not proof of divorce. It is a notice telling you the date that your divorce will take effect.

The divorce certificate is your proof of divorce. You must wait for the 30-day appeal period to end to request your divorce certificate.

It is not sent to you directly. You can apply for a copy 31 days after the date of the Divorce Judgement.

Apply to the Office of the Registrar in Fredericton to get your certificate of Divorce or at any SNB Office.  You can apply for your divorce certificate online. There is a $7 fee.