How to File for Divorce in New Brunswick

Filing for divorce in New Brunswick is a structured, multi-step process that runs through the Court of King's Bench, Family Division. The mechanics are straightforward, but two things catch most self-represented filers: the province uses a dual-system based on your judicial district, and every initial petition must be filed centrally in Fredericton regardless of where you live.

Here's the complete sequence.

Step 1: Confirm You're Eligible

Before you start any paperwork, verify two things:

Residency: At least one spouse must have lived in New Brunswick continuously for 12 months immediately before filing. You'll prove this through your sworn affidavit with supporting documents — driver's licence, health card, lease, utility bills.

Grounds: The most common ground (used in about 97% of Canadian divorces) is one year of living separate and apart. You can file the petition before the year is up, but the court won't grant the divorce until 12 months of separation have passed.

Step 2: Identify Your Judicial District

This step determines which forms you'll use.

Rule 72 districts (Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Woodstock): File using Form 72A (sole petition) or Form 72B (joint petition, both spouses sign together).

Rule 81 districts (Moncton, Saint John): File using Form 81A (application). Joint petitions are not available — even if both spouses agree on everything, one person files as the sole applicant.

Using the wrong form for your district means automatic rejection.

Step 3: Get Your Marriage Certificate

You need an original, certified registration of marriage from Vital Statistics or the jurisdiction where the marriage took place. A standard photocopy won't be accepted — the court will reject your Trial Record without the certified original.

If you were married outside Canada, you'll need the foreign certificate plus a certified translation if it's not in English or French.

Step 4: File With the Fredericton Registrar

All initial divorce petitions in New Brunswick go to the same place, regardless of where you live:

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

Send the original petition, one complete copy, your certified marriage certificate, and the $110 filing fee (payable to the Minister of Finance). The Registrar assigns a court file number, stamps the documents, and mails the originals back — typically in two to three weeks.

Step 5: Serve Your Spouse

Once you receive the stamped original back from Fredericton, you have six months to serve the respondent. You cannot serve the papers yourself — a neutral third-party adult (age 19 or older) must do it.

Options include a professional process server ($75–$250), the local Sheriff's Office ($50–$100), or any adult friend or family member who is not a party to the divorce.

Service by registered mail is valid only if the respondent signs and returns Form 18A (Acknowledgement of Receipt Card). If they refuse to sign, you'll need to arrange personal service.

The server must then swear Form 18B (Affidavit of Service), detailing the exact date, time, location, and method of identification.

Joint petition filers skip this step entirely.

Step 6: Wait for the Response Window and Clearance Certificate

Two things happen in parallel:

Response window: The respondent has 20 days to file an Answer if served within New Brunswick, 30 days if served elsewhere in Canada, or 60 days if served internationally. If they don't respond, you note them in default and proceed.

Clearance Certificate: The court sends your case details to the Central Registry of Divorce Proceedings in Ottawa, which confirms no other divorce action is pending between the parties. This takes two to three months. You cannot file your Trial Record without it — call your local court administrator to confirm it's arrived.

Step 7: Compile and File the Trial Record

Once default is noted (or the response window has passed) and the Clearance Certificate is in your file, assemble the Trial Record package:

• Cover letter and cover page
• Index of Trial Record
• Original stamped petition from Fredericton
• Form 18B (Affidavit of Service) with marriage certificate attached as Exhibit "A"
• Form 47B (Certificate of Readiness)
• Form 72K (Request for Divorce)
• Sworn Affidavit of Evidence

Swear your Affidavit before a Commissioner of Oaths, then file the complete package with your local court administrator within 5 days of swearing. This deadline is strictly enforced — miss it and you must re-swear the affidavit.

Step 8: Wait for the Divorce Judgment

For uncontested cases, a judge reviews the Trial Record on paper — no court appearance required. If everything is in order, the judge signs the Divorce Judgment (Form 72M or 72N) and mails it to both parties. This desk review typically takes four to six weeks.

The divorce takes effect 31 days after the judgment date. Both spouses can waive this period by signing Form 72L (Agreement Not to Appeal).

After the appeal period passes, request your Certificate of Divorce (Form 72O) — the only document accepted as legal proof of divorce for remarriage, name changes, and financial transactions. It costs $7.

Where People Get Stuck

The three most common rejection points for self-represented filers in New Brunswick:

1. Wrong forms for the district — filing Rule 72 forms in Moncton or Saint John
2. Missing the 5-day deadline — waiting too long after swearing the affidavit to file the Trial Record
3. Photocopy of marriage certificate — the court requires the certified original

The New Brunswick Divorce Filing Process Guide includes district-specific decision trees, a deadline tracker, and a filing checklist that walks you through each step in order.

See more New Brunswick guides →