If you are served with a Petition for Divorce in New Brunswick, you generally have 20 days to file an Answer with the Court of King’s Bench if you were served within the province. Failing to respond may allow the divorce to proceed without your input on parenting time, spousal support, or asset division.
Being served with divorce papers by a process server can be an incredibly shocking and overwhelming experience. Your very first instinct might be to panic, get angry, or simply ignore the thick stack of legal documents. However, ignoring a legal petition can severely impact your long-term financial future and your relationship with your children.
In New Brunswick, the divorce process is governed by the federal Divorce Act alongside the provincial Rules of Court. Responding correctly and strictly on time ensures that your voice is heard regarding vital issues like decision-making responsibility, spousal support, and property division. Here is a clear, step-by-step guide on how to safely navigate the response process.
Step-by-Step Process to Respond in New Brunswick
Whether your designated local courthouse is located in Saint John, Fredericton, or Bathurst, the procedural rules for filing your legal response are standardized across the entire province. Here are the crucial steps you need to follow to protect your legal rights.
Step 1: Read the Petition Carefully
Take a deep breath and do not just skim the document. The Petition for Divorce outlines exactly what your spouse is formally asking the judge to order . Pay exceptionally close attention to claims for child support, spousal support, parenting time schedules, and the proposed division of marital property. Crucially, note the exact date you received the document, as the legal countdown clock starts ticking immediately.
Step 2: Determine Your Strict Deadline
Your legal deadline to respond depends entirely on where you were physically located when you were handed the paperwork. Missing this absolute deadline can result in an “uncontested” or default divorce, meaning the court assumes you agree, and your ex gets exactly what they asked for.
| Where You Were Physically Served | Deadline to File a Formal Response |
|---|---|
| Inside New Brunswick | 20 days from the exact date of service |
| Elsewhere in Canada or the USA | 40 days from the exact date of service |
| International / Overseas | 60 days from the exact date of service |
Step 3: Prepare the Required Legal Forms
To officially reply, you must complete an Answer form. If you disagree with your spouse’s demands, this is where you legally state your own terms and counter-claims. You will also likely need to fill out a detailed Financial Statement if support or property division is contested. If you urgently need more time to gather financial documents or hire a lawyer, but want to stop a default judgment, you can file a quick Notice of Intent to Defend.
Step 4: File and Serve Your Response
Once your legal documents are meticulously completed, you must file them at the Family Division of the Court of King’s Bench in the exact judicial district where the Petition was originally started. After the court clerk stamps them, you must formally “serve” a copy of your Answer back to your spouse or directly to their lawyer, usually via personal service or registered mail, and then file an Affidavit of Service to prove it was done.
How Much Does it Cost in New Brunswick?
The financial costs to effectively respond to a divorce petition can vary greatly based on your approach:
- Court Filing Fees: While the fee for filing an initial Petition in NB is around $110 CAD, filing an Answer may carry a smaller nominal fee or no fee at all depending on if you are making counter-claims. Always verify the current NB fee schedule at the court registry.
- Lawyer Retainers: Most established family lawyers in New Brunswick require an upfront retainer ranging from $2,500 CAD to $5,000 CAD to take on a contested divorce file and prepare your defence.
- Process Server: If you need to officially serve legal documents back to your uncooperative spouse, hiring a professional process server usually costs between $75 CAD and $150 CAD.
How Long Does the Process Take?
The initial response phase is extremely rapid, strictly bound by the 20 to 60-day deadlines. However, once your Answer is successfully filed, finalizing the actual divorce can take anywhere from 6 months for a relatively agreeable separation where both sides negotiate, to well over 2 years if the case is high-conflict and requires a full trial before a judge.
Frequently Asked Questions (FAQ)
What legally happens if I miss the 20-day deadline?
If you fail to respond on time, your spouse can apply to the court for a Default Judgment. This means the judge may grant the divorce and fully approve their specific requests regarding parenting time, child support, and property division completely without your input.
Do I absolutely need to hire a lawyer to file an Answer?
You are not legally mandated to hire a lawyer, and you have the right to represent yourself as a self-represented litigant. However, family law and court procedures are highly complex. Even booking a brief initial consultation with a local lawyer can help you understand your rights and avoid permanent, costly mistakes.
Can I make my own demands and claims in the Answer?
Yes, absolutely. Your Answer can include a Counter-Petition. This is the exact place where you outline your own formal requests for decision-making responsibility, a fair asset division, and any required financial spousal support.
Will I have to go to court immediately after filing?
No. Filing an Answer simply secures your place in the legal process. In New Brunswick, the courts heavily encourage alternative dispute resolution, meaning you will likely be required to attend case conferences or mediation to try and settle the issues before a trial is ever scheduled.
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