How to Serve Divorce Papers in New Brunswick

After your divorce petition comes back stamped from the Fredericton Registrar, you have six months to serve your spouse. The rules are strict: you cannot serve the papers yourself, the server must meet specific qualifications, and the proof-of-service document must include exact details about how the respondent was identified.

Getting service wrong is one of the most common reasons divorce filings get rejected in New Brunswick.

Rule One: You Cannot Serve Your Own Papers

Under Rule 72.05(2) of the New Brunswick Rules of Court, a petitioner is barred from personally serving their own divorce documents on the respondent. Service must be carried out by a third-party adult who is at least 19 years old and has no legal disability.

This can be a professional process server, the local Sheriff's Office, or any adult friend or family member who isn't a party to the divorce.

Service Methods

Personal Service

The most straightforward and reliable method. The server physically hands a copy of the stamped divorce petition directly to the respondent.

If the server goes to the respondent's home and they aren't there, the server can leave the documents in a sealed envelope with another adult who appears to live at the address, and then mail a second copy to the same address. Both the in-person delivery and the mailing must happen for this alternate method to be valid.

Cost: Professional process servers charge $75–$250 depending on location and difficulty. The Sheriff's Office typically charges $50–$100. A friend or family member can do it for free.

Registered Mail (Form 18A)

You can serve by registered mail, but there's a catch: service is only legally complete if the respondent signs and returns Form 18A (Acknowledgement of Receipt Card).

Send the petition package via Canada Post registered mail with a return card containing Form 18A. If the respondent signs the card and it's returned to you, service is complete. Attach the signed card to your Form 18B.

If the respondent refuses to sign, ignores the mail, or the letter is returned undelivered, this method has failed and you'll need to arrange personal service instead.

Service on a Solicitor

If the respondent has a lawyer, you can serve through their solicitor — but only if the solicitor provides an explicit written acceptance of service, including the specific date of acceptance. An implied or verbal acceptance is not sufficient under Rule 18.

Proving Service: Form 18B

After service is completed, the server must swear Form 18B (Affidavit of Service) before a Commissioner of Oaths. This document becomes part of your Trial Record and is one of the first things the judge checks.

Form 18B must state:

• The exact date and time service occurred
• The physical address where service was carried out
• The specific documents that were served
• How the server identified the respondent — they knew them personally, the respondent verbally confirmed their identity, or the respondent showed photo ID (the server records the licence number)

An incomplete or vague Form 18B is one of the most common reasons trial records get returned for corrections.

Response Deadlines After Service

Once served, the respondent has a set window to file an Answer:

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

If the respondent files Form 72I (Notice of Intent to Defend), they get an automatic 10-day extension to file their formal Answer.

If no Answer is filed within the window, you can note the respondent in default and proceed to the desk review.

What If Your Spouse Avoids Service?

If you genuinely cannot locate your spouse or they're actively evading service, you can apply to the court for substituted service — an alternative method approved by a judge. This might include:

• Service by regular mail to the last known address
• Publication in a newspaper
• Service on a family member who can pass the documents along

This requires a motion to the court explaining what you've tried and why personal service isn't possible. The judge decides what alternative method is acceptable.

When Service Isn't Required

If you file a joint petition (Form 72B) in a Rule 72 district, service is completely eliminated. Both spouses sign the petition together, so there's no one to serve.

This option saves both the cost and stress of service — but it's only available in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, and Woodstock. In Moncton and Saint John, all divorce actions are sole applications under Rule 81, so service is always required.

Getting It Done Right

Service mistakes set your timeline back by weeks. The New Brunswick Divorce Filing Process Guide includes a service methods checklist, a Form 18B template walkthrough, and the response deadline calculator for your specific situation.

See more New Brunswick guides →