Uncontested Divorce in New Brunswick

An uncontested divorce in New Brunswick means neither spouse disputes the divorce itself or any ancillary claims — parenting, support, property. When everything is agreed upon, the entire process runs on paper through a "desk review," and neither spouse ever sets foot in a courtroom.

This is the fastest and cheapest path, but the procedure differs depending on where you live in the province.

Who Qualifies for an Uncontested Divorce

Your divorce is uncontested when:

• Both spouses agree the marriage has broken down (almost always via the one-year separation ground)
• There are no disputes over parenting arrangements, child support, or spousal support
• Property division is either resolved through a separation agreement or not claimed in the petition

If the respondent files an Answer contesting any term, the case immediately becomes contested, requiring financial disclosure, possible discoveries, and a trial. Contested divorces in New Brunswick typically cost $11,000 to $25,000 in legal fees and take 12 to 24 months.

The Two Uncontested Paths

Standard districts (Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Woodstock) give you two options under Rule 72:

• Sole petition (Form 72A): One spouse files and serves the other. If no Answer is filed within the response window, you note default and proceed to the desk review.
• Joint petition (Form 72B): Both spouses sign the petition together. This eliminates service entirely and cuts two to four weeks off the timeline.

Moncton and Saint John operate under Rule 81 — the Family Law Case Management System. Joint petitions are not available. Even with full agreement, one spouse must file as the sole applicant using Form 81A and formally serve the other.

This catches many couples off guard. Two spouses who agree on everything still need to go through the service process if they live in Moncton or Saint John.

What It Costs

For self-represented filers, the baseline costs are:

Total out-of-pocket for a self-filed uncontested divorce: roughly $130 to $400 depending on service method.

Lawyer-assisted uncontested packages in New Brunswick range from about $907 (simplified) to $1,750–$2,300 if parenting or support terms need to be drafted.

If you receive income assistance under the Family Income Security Act, you may qualify for a full waiver of the $110 filing fee.

Timeline: How Long It Takes

An uncontested desk divorce in New Brunswick typically takes three to six months. Here's where the time goes:

• Petition filing and return: 2–3 weeks for Fredericton to stamp and mail back your documents
• Service and response: 20 days if served within NB (joint petition skips this)
• Clearance Certificate: 2–3 months for Ottawa to confirm no parallel divorce actions
• Desk review: 4–6 weeks for the judge to review the Trial Record
• Appeal period: 31 days after the judgment is signed (waivable with Form 72L)

The Clearance Certificate is the biggest bottleneck. You cannot file your Trial Record until it arrives, and there's no way to expedite it.

The Desk Review: What Happens

Once your Trial Record is filed, the local court administrator places it in the queue for judicial review. A judge reads through the sworn evidence at their desk — no hearing, no testimony, no courtroom.

The judge checks that:

• Residency requirements are met (12 months in NB)
• The marriage breakdown ground is established (usually one-year separation)
• Service was properly executed (or waived for joint petitions)
• Child support calculations align with the Federal Child Support Guidelines
• The Clearance Certificate is in the file

If anything is missing or inconsistent, the judge returns the file with a request for corrections. If everything is in order, they sign the Divorce Judgment and it's mailed to both parties.

The 5-Day Rule

After swearing your Affidavit of Evidence before a Commissioner of Oaths, you have exactly 5 days to file the Trial Record with your local court administrator (14 days for joint petitions).

This is the most common procedural trap in New Brunswick divorce filings. If you miss this window, the court rejects the package, and you must re-swear the affidavit and compile the Trial Record again.

When Uncontested Becomes Contested

If the respondent files Form 72D (Answer) or Form 72F (Counter-Petition), your uncontested divorce becomes contested regardless of what you expected. At that point, you're looking at a significantly different process — financial disclosure, case conferences, and potentially a trial.

If there's any chance your spouse will dispute custody, support, or property, consult a family lawyer before filing. The uncontested path only works when both sides genuinely agree.

Getting the Process Right

The uncontested divorce is designed to be manageable without a lawyer, but the procedural details — dual court systems, filing deadlines, service requirements — create real failure points. The New Brunswick Divorce Filing Process Guide provides the step-by-step sequence with district-specific instructions, a deadline tracker, and the Trial Record assembly checklist.

See more New Brunswick guides →