Joint Divorce in Prince Edward Island
Joint Divorce in Prince Edward Island
A joint divorce is the fastest and cheapest way to end a marriage in PEI. Both spouses sign the petition together, eliminating the service of process and response waiting period that add weeks to a sole filing. If you and your spouse agree on the terms, this is the path to take.
How a Joint Petition Works
Instead of one spouse filing as the Petitioner and serving the other as the Respondent, both spouses file as Co-Petitioners using Form 70A* (the asterisk distinguishes it from the sole Form 70A). Both sign the originating documents at the same time.
Because both parties are on record from the start, the court doesn't require formal service of process. There's no third-party server, no registered mail with acknowledgement cards, no 20-40 day response waiting period. The case moves directly from filing to the motion for judgment stage once the federal Clearance Certificate arrives.
Joint vs Sole: Side by Side
| Factor | Joint Petition (Form 70A*) | Sole Petition (Form 70A) |
|---|---|---|
| Who files | Both spouses together | One spouse (Petitioner) |
| Service required | No | Yes — third-party personal service or registered mail |
| Response waiting period | None | 20 days (PEI), 40 days (rest of Canada) |
| Default entry needed | No | Yes ($20 fee) |
| Typical timeline | 2-3 months | 3-5 months |
| Approximate fees | $175-$215 | $210-$270 |
What You Still Need
A joint petition doesn't skip any requirements — it just removes the service-related steps. Both spouses still need to:
- Meet the 12-month PEI residency requirement (at least one spouse)
- Complete the one-year separation period
- Submit financial statements (Form 70I series) or a mutual waiver (Form 70J)
- File a Petitioner's Affidavit addressing child support arrangements if there are children
- Submit a draft Divorce Judgment for the judge's desk review
Child support scrutiny is identical. The judge must verify that support arrangements comply with the Federal Child Support Guidelines before signing the judgment, regardless of whether the petition is joint or sole.
Free Download
Get the Prince Edward Island — Divorce Filing Quick-Start Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
The Form Builder Gap
The official Legal Info PEI Divorce Form Builder — a $200 document preparation tool run by Community Legal Information — does not support joint petitions. It only generates forms for sole uncontested applications.
This means couples who agree on everything and want the faster joint pathway must prepare their Form 70A* package independently. The court website provides the blank fillable PDFs, but no sequential instructions for assembling the complete filing package.
When Joint Filing Isn't an Option
A joint petition requires genuine cooperation. If your spouse won't sign, won't engage, or you have safety concerns about coordinating the filing, a sole petition is the appropriate path. You can still achieve an uncontested desk divorce through the sole route — it just takes longer because of the service and response requirements.
If your spouse is actively contesting custody, property division, or support, neither the joint nor the uncontested sole path applies. The case enters the contested litigation track.
The PEI Divorce Filing Process Guide includes complete filing sequences for both the joint and sole pathways, with Form 70A* assembly instructions that aren't available through the Legal Info PEI Form Builder.
Get Your Free Prince Edward Island — Divorce Filing Quick-Start Checklist
Download the Prince Edward Island — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.