How to Respond to Divorce Papers in New Brunswick

You've been served divorce papers. The first instinct is panic — but you have time, and your options are clearer than they seem. What you do next depends on whether you agree with what your spouse is asking for.

Your Deadline to Respond

The clock starts the day you're served. How much time you have depends on where you were served:

In Rule 81 districts (Moncton and Saint John), the deadlines are slightly different: 20 days if served in Canada, 40 days if served outside Canada.

These are calendar days, not business days.

Option 1: Do Nothing (Agree to the Divorce)

If you agree with everything in the petition — the divorce itself, parenting arrangements, support, property — you don't need to file anything. Simply let the response window pass.

Once the deadline expires without an Answer, the petitioner notes you in default and the case proceeds to a desk review. A judge reviews the file on paper, and if everything is in order, signs the Divorce Judgment without a hearing.

Doing nothing doesn't mean you give up your rights. It means you don't dispute the terms as presented. If you agree with the petition, this is the fastest and cheapest path for both parties.

Option 2: File a Notice of Intent to Defend (Form 72I)

If you need more time to decide or consult a lawyer, file Form 72I (Notice of Intent to Defend) before your deadline. This gives you an automatic 10-day extension to prepare and file your formal Answer.

Filing a Notice of Intent doesn't commit you to contesting the divorce. It buys time. You can still choose not to file an Answer after the extension, and the case proceeds by default.

Option 3: File an Answer (Form 72D)

If you disagree with any part of the petition — the divorce itself, the parenting plan, child support calculations, spousal support, or property division — file Form 72D (Answer) within your deadline.

Your Answer must specify exactly what you agree with and what you dispute. You can agree with the divorce but contest the financial terms, or agree on everything except the parenting schedule.

Filing an Answer converts the case from uncontested to contested. This means:

• Both parties must complete full financial disclosure
• Case conferences and possibly mediation will be scheduled
• The case may proceed to a formal trial with live testimony
• The timeline extends from months to 12–24+ months
• Legal costs escalate significantly — contested divorces in New Brunswick average $11,000 to $25,000 in legal fees

Option 4: File a Counter-Petition (Form 72F)

If you want the divorce but on different terms — or if you want to add claims the petitioner didn't include — you can file a Counter-Petition (Form 72F) alongside your Answer.

A Counter-Petition lets you make your own claims for parenting arrangements, child support, spousal support, or property division. Even if the original petition is withdrawn, your Counter-Petition keeps the divorce proceeding active.

What Happens If You Ignore the Deadline

If the response deadline passes and you haven't filed anything, the petitioner can note you in default. Once in default:

• You lose the right to file an Answer without first applying to the court to set aside the default
• The case proceeds based solely on the petitioner's sworn evidence
• A judge reviews the file and may grant the divorce without your input

Default doesn't mean you automatically lose everything. The judge still independently reviews the terms, especially regarding children and child support. But you've given up your opportunity to present your side without a court application to re-enter the case.

When to Get a Lawyer

You can respond to divorce papers without a lawyer, but certain situations strongly warrant professional help:

• Your spouse is claiming custody and you disagree on parenting arrangements
• Significant assets, a business, or pension are at stake
• There are allegations of adultery or cruelty
• You don't understand the financial terms being proposed
• Your spouse has a lawyer and you don't

New Brunswick offers free initial guidance through the Family Law Information Line (1-888-236-2444) and the Family Law Advice Lawyer Service, which provides up to two hours of free legal advice from a licensed family lawyer.

Understanding Your Position

Whether you're planning to agree, contest, or simply need more time, understanding the full divorce process helps you make informed decisions. The New Brunswick Divorce Filing Process Guide covers both the petitioner and respondent perspectives, including the forms, deadlines, and what to expect at each stage.

See more New Brunswick guides →