A spouse cannot stop a divorce in New Brunswick simply by refusing to sign the papers. After you serve the Petition for Divorce, they have 20 days to respond; if they do not, you can proceed with an uncontested default divorce through the Court of King’s Bench.
It is a common misconception that both parties must agree to a divorce for it to happen. 🚫 Many people feel trapped when their partner refuses to engage or sign any paperwork. In reality, Canadian law does not allow one person to hold the other hostage in a marriage.
Whether you live in Fredericton, Moncton, or Saint John, the process for overcoming a stubborn spouse is clear and effective. By following the correct legal steps, you can finalize your divorce even if your ex-partner completely ignores the situation.
Step-by-Step Process in New Brunswick
The Court of King’s Bench manages all family law cases in New Brunswick. 🏱 When one spouse refuses to participate, the case generally moves into what is known as a default proceeding. Here is how you navigate this situation.
Step 1: Properly Serve the Petition
The first and most critical step is ensuring your spouse is properly served with the Petition for Divorce. You must have irrefutable proof, such as an Affidavit of Service completed by your process server. Without proof of service, the court will not let you proceed further.
Step 2: Wait for the Response Period to Expire
Once served, your spouse has a specific legal window to file a formal defence. ⌛ If they live in New Brunswick, they have 20 days. If they reside elsewhere in Canada or the United States, they have 40 days. You must wait for this time limit to pass completely.
Step 3: File a Request for Default
If the deadline passes and your spouse has not filed a response, you can ask the court to proceed without them. This involves filing documents to note them in default. By doing this, you are asking the judge to review your original requests for property division, spousal support, and parenting time based solely on your evidence.
Step 4: Obtain the Divorce Order
A judge at the Court of King’s Bench will review your default application. If everything is in order and the mandatory one-year separation period has passed, the judge will issue a Divorce Order. 📋 After 31 days, the order takes effect, and you are officially divorced.
How Much Does it Cost in New Brunswick?
Filing for a default divorce is generally cheaper than a lengthy contested court battle. 💰 However, there are still unavoidable fees.
- Court Filing Fees: Initiating the divorce costs roughly $120 CAD, including the federal clearance certificate. Filing default paperwork may incur small administrative fees.
- Lawyer Fees: Hiring a family lawyer to handle an uncontested default divorce in Moncton or Saint John usually costs between $1,500 and $3,000 CAD.
- Process Server: Expect to pay $100 to $200 CAD to ensure your spouse is properly served and you have the necessary affidavit.
| Uncontested Default Divorce | $1,500 – $3,500 CAD | Resolved without a trial based on the applicant’s paperwork. |
| Contested Divorce | $10,000+ CAD | Requires a trial and extensive court appearances. |
How Long Does the Process Take?
In Canada, you must be separated for at least one full year before a judge will grant a divorce. ⌛ This is a federal requirement under the Divorce Act.
If you have already been separated for a year, obtaining a default divorce in New Brunswick typically takes 3 to 5 months. This timeframe accounts for the 20-day waiting period, processing times at the Court of King’s Bench, and the 31-day appeal period before the Divorce Certificate is issued.
Frequently Asked Questions (FAQ)
Can my spouse contest the divorce later if they ignore the papers?
It is very difficult for a spouse to contest the divorce after they have been noted in default and a judge has issued a final order. They would have to prove they had a valid legal reason for ignoring the initial service.
Do I need to go to court for a default divorce?
Generally, no. Default divorces in New Brunswick are usually processed by a judge reviewing your sworn affidavits and paperwork without requiring a formal court appearance.
What if my spouse threatens to take all the property if they don’t sign?
Property division in New Brunswick is governed by the Marital Property Act, not by a spouse’s threats. The court will divide assets fairly according to the law, even in a default proceeding.
Will I still get child support if my spouse ignores the divorce?
Yes, you can request child support and spousal support in your default application. The judge can issue an order enforcing these payments based on federal and provincial guidelines.
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