What Happens After Filing for Divorce in New Brunswick

You've sent your petition to the Fredericton Registrar, paid the $110 filing fee, and now you're waiting. For many self-represented filers, this is where anxiety peaks — the court doesn't send you a roadmap of what happens next, and the silence can feel like something went wrong.

Here's exactly what's happening behind the scenes and what you need to do at each stage.

Stage 1: The Registrar Processes Your Petition (2–3 Weeks)

After receiving your petition package, the Registrar at the Court of King's Bench in Fredericton assigns a centralized Divorce Registry number, stamps and seals your documents, retains one copy for the court file, and mails the original sealed petition back to you.

This typically takes two to three weeks. You need those stamped originals back before you can serve your spouse, so this wait is unavoidable.

If there's an error in your filing — wrong form for your judicial district, missing marriage certificate, insufficient fee — the Registrar returns the package with a note explaining the problem. You'll need to correct and resubmit.

Stage 2: Service of Process (Varies)

Once the stamped originals arrive, you have six months to serve your spouse. A neutral third-party adult handles the service — you cannot do it yourself.

After service is completed, the server swears Form 18B (Affidavit of Service) before a Commissioner of Oaths, detailing the date, location, and identification method.

Joint petition filers (Form 72B, available only in Rule 72 districts) skip this stage entirely.

Stage 3: The Response Window (20–60 Days)

After service, the clock starts on the respondent's right to file an Answer:

• 20 days if served within New Brunswick
• 30 days if served elsewhere in Canada or the US
• 60 days if served internationally

If the respondent does nothing, you note them in default. If they file Form 72I (Notice of Intent to Defend), they get an additional 10 days to prepare their Answer.

Most uncontested divorces proceed by default — the respondent simply doesn't file anything.

Stage 4: The Clearance Certificate (2–3 Months)

This is the stage that surprises most people with its length. When your petition is filed, the court automatically transmits your case details to the Central Registry of Divorce Proceedings in Ottawa. This federal database checks whether any other divorce action has been filed between you and your spouse anywhere in Canada.

The verification takes two to three months. You cannot file your Trial Record without the Clearance Certificate in your court file.

There's no way to expedite this process. The best approach is to use this waiting period productively — serve your spouse if you haven't already, and assemble everything for the Trial Record except the sworn affidavit.

Important: Call your local court administrator periodically to ask whether the Clearance Certificate has arrived. The court doesn't notify you automatically.

Stage 5: Compiling the Trial Record

Once the response window has closed (or default is noted) and the Clearance Certificate is confirmed in your file, you compile the Trial Record. This is a single package containing:

• Cover letter and cover page
• Index of Trial Record
• The original stamped petition from Fredericton
• Form 18B (Affidavit of Service) with the certified marriage certificate as Exhibit "A"
• Form 47B (Certificate of Readiness)
• Form 72K (Request for Divorce)
• Your sworn Affidavit of Evidence

Stage 6: Swearing and Filing (The 5-Day Deadline)

You swear the Affidavit of Evidence before a Commissioner of Oaths. Then the clock starts: you have 5 days to file the complete Trial Record with your local court administrator (14 days for joint petitions).

This is a hard deadline. If you miss it, the court rejects the package and you must re-swear the affidavit and resubmit. Many filers lose time here because they weren't ready when the Clearance Certificate arrived.

Stage 7: The Desk Review (4–6 Weeks)

For uncontested cases, the judge reviews your Trial Record entirely on paper — no hearing, no testimony, no courtroom appearance.

The judge verifies that residency requirements are met, the separation ground is established, service was properly executed, child support follows the Federal Guidelines (if applicable), and the Clearance Certificate is in the file.

If something is missing, the judge returns the file with specific requests for correction. If everything is in order, the judge signs the Divorce Judgment (Form 72M or 72N) and it's mailed to both parties.

Stage 8: The 31-Day Appeal Period

Under Section 12(1) of the Divorce Act, the divorce does not take effect immediately. There's a mandatory 31-day appeal window after the judge signs the judgment. The marriage is legally dissolved on day 32.

Both spouses can waive this period by signing Form 72L (Agreement Not to Appeal), making the divorce effective immediately.

Stage 9: Certificate of Divorce

After the appeal period has passed, request Form 72O (Certificate of Divorce) from the court registry or through Service New Brunswick. This is the only legally recognized proof of divorce — you'll need it to remarry, change your name, or execute pension division. It costs $7.

What You Can Prepare Now

If you're in the waiting period, use the time to:

• Assemble the Trial Record package (everything except the affidavit)
• Confirm service is complete and Form 18B is sworn
• Check with your local court administrator about the Clearance Certificate
• Gather any financial documents needed for child support calculations

The New Brunswick Divorce Filing Process Guide provides a stage-by-stage tracker with deadline calculations specific to your filing date.

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