Joint Divorce vs Simple Divorce in New Brunswick

When both spouses agree on the divorce, New Brunswick offers two paths: a joint petition where both sign together, or a sole petition where one spouse files and serves the other. The choice affects your cost, timeline, and paperwork — and your judicial district may make the decision for you.

The Two Paths Compared

How the Joint Petition Works

A joint petition (Form 72B) is available when both spouses agree on every term — the divorce itself, parenting arrangements, support, and property division. Both spouses sign the initial petition, so the court treats the filing as a mutual decision.

The practical advantages are significant:

No service: Because both spouses signed, there's no one to serve. You skip the process server cost, the Affidavit of Service, and the 20-day response window.

Faster timeline: Eliminating service typically shaves two to four weeks off the total process.

Longer filing window: After swearing the Affidavit of Evidence, you have 14 days to file the Trial Record — compared to the strict 5-day deadline for sole petitions.

The critical restriction: under Rule 72.04(5), a joint petition cannot include any disputed claims. If there's disagreement on child support amounts, spousal support, or property division, the joint petition is not available. All ancillary relief must be fully agreed upon and granted by consent order.

How the Sole Petition Works

A sole petition (Form 72A in standard districts, Form 81A in Moncton and Saint John) is filed by one spouse unilaterally. The other spouse is the "respondent" and must be formally served.

If the respondent doesn't file an Answer within the response window (20 days for service within NB), you note them in default and proceed on written evidence alone — no court appearance.

This path is required when:

• Your spouse won't cooperate with signing a joint petition
• You live in Moncton or Saint John (joint petitions are prohibited under Rule 81)
• There are ancillary claims that aren't fully resolved by consent

The Moncton and Saint John Restriction

This is the detail that catches most filers off guard. Moncton and Saint John operate under Rule 81 — the Family Law Case Management System — which does not permit joint petitions.

Even if both spouses agree on everything, one must file as the sole applicant using Form 81A. The other spouse must be formally served, and the respondent's response window must run before the case can proceed.

This means that an amicable couple in Fredericton can file jointly and skip service entirely, while an equally amicable couple in Moncton must go through the full service process. Same province, different rules.

If you live in a Rule 81 district and your spouse is cooperative, the most efficient approach is to have your spouse accept service voluntarily and simply not file an Answer, allowing the case to proceed by default.

Which Should You Choose?

Choose joint petition if:

• Both spouses agree on all terms with no exceptions
• You live in a Rule 72 district (Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Woodstock)
• You want the fastest, cheapest path

Choose sole petition if:

• You live in Moncton or Saint John (joint is not available)
• Your spouse won't cooperate with signing documents together
• There are any unresolved disputes on support, parenting, or property
• You want to include corollary relief claims that aren't fully settled

What Both Paths Share

Regardless of which path you choose:

• The filing fee is $110, paid to the Fredericton Registrar
• You need an original certified marriage certificate
• The Clearance Certificate from Ottawa takes 2–3 months either way
• Uncontested cases are decided by desk review — no courtroom appearance
• The 31-day post-judgment appeal period applies (waivable with Form 72L)

The New Brunswick Divorce Filing Process Guide includes a district-specific decision tree that tells you exactly which forms to use based on where you live, and walks through both the joint and sole petition processes step by step.

See more New Brunswick guides →