If you and your spouse decide to reconcile in Nova Scotia, you can officially halt the divorce process by filing a Notice of Discontinuance. This document withdraws your application from the Supreme Court, but it must be filed before a judge signs the final Divorce Order.
Sometimes, the stress of starting a divorce is the wake-up call a marriage needs. 📍 It is completely normal for couples in Halifax, Dartmouth, or Sydney to file the initial paperwork, only to later decide they want to try marriage counselling and stay together. In fact, the federal Divorce Act specifically encourages reconciliation between spouses.
However, if you decide to pause or stop the divorce, you cannot simply stop replying to the court’s letters. If you leave an active application open in the Supreme Court of Nova Scotia, it can cause significant legal complications down the road. You must formally notify the justice system that you wish to withdraw the case. Navigating these procedural rules can be tricky, which is why consulting a local family lawyer from our directory is often the safest way to cleanly close the file.
Step-by-Step Process to Pause or Withdraw a Divorce in Nova Scotia
The rules for stopping a divorce depend on how far along the process has gone. 📝 Here are the general steps to effectively halt the legal machinery in Nova Scotia.
Step 1: Use the 90-Day Reconciliation Period
If you are not entirely sure you want to stop the divorce, Canadian law provides a safety net. 🗓️ Under the Divorce Act, separated spouses can resume living together for the primary purpose of reconciliation for up to 90 days. If the reconciliation fails within those 90 days and you split up again, it does not reset your mandatory one-year separation clock. You can simply proceed with the original divorce application.
Step 2: Prepare a Notice of Discontinuance
If you have firmly decided to stay together and want to completely withdraw the case, you must complete a formal court document called a Notice of Discontinuance (governed by the Nova Scotia Civil Procedure Rules). This one-page document clearly tells the court that you are withdrawing your Application for Divorce and that you no longer require a judge’s intervention.
Step 3: Obtain Consent if Required
If your spouse has already filed a formal “Response” to your initial divorce application, you cannot simply withdraw it on your own. 👪 By filing a Response, your spouse engaged in the legal action. Therefore, they must sign the Notice of Discontinuance as well, showing the court that both parties consent to closing the file.
Step 4: File with the Supreme Court
Once the Notice of Discontinuance is drafted and signed, you or your lawyer must file it with the Prothonotary (court clerk) at the same Supreme Court location where you started the case. Once stamped by the clerk, the court file is officially closed, and the divorce proceedings are terminated.
How Much Does it Cost in Nova Scotia?
The financial impact of withdrawing a divorce file is relatively minimal compared to continuing the litigation. 💰 As of May 2026, here are the general costs to consider in CAD:
- Court Filing Fees: Submitting a Notice of Discontinuance is generally free of charge. However, the initial ~$243 CAD fee you paid to start the divorce is completely non-refundable.
- Lawyer Fees: If you hire a family law firm to draft the discontinuance and properly close the file, you can expect to pay a small flat fee or hourly rate, typically ranging from $300 to $750 CAD.
- Costs to the Respondent: If you withdraw a highly contested case at the last minute, the judge may theoretically order you to pay a portion of your spouse’s wasted legal fees, though this is rare if you are reconciling.
How Long Does the Process Take?
Stopping a divorce is much faster than getting one. ⏱️ If you and your spouse are in agreement, drafting and signing the Notice of Discontinuance takes just a few days.
Once the document is handed to the clerk at the Supreme Court of Nova Scotia, the withdrawal is effective immediately. There is no mandatory waiting period to close the file. However, you must act before the judge actually signs the final Divorce Order. Once the final order is signed, the marriage is legally over, and you cannot simply “withdraw” the divorce; you would have to legally remarry.
Comparing Pausing vs. Withdrawing
| Action | Legal Status of the Court File | What Happens if You Split Up Again? |
|---|---|---|
| 90-Day Reconciliation Rule (Pausing) | Open and active, just delayed | Resume the exact same court process without penalty (if under 90 days) |
| Notice of Discontinuance (Withdrawing) | Closed permanently | Must pay new fees and file a brand new Application for Divorce |
| Judge Signs Final Order | Divorce finalized | Irrelevant, you are already legally divorced |
Frequently Asked Questions (FAQ)
Do I get my filing fee back if we stay together?
No. Once the Supreme Court clerk processes your initial Application for Divorce and opens the file, the government filing fees and law stamps are non-refundable, regardless of whether you reconcile the very next day.
What happens if we reconcile for 6 months and then break up?
Because you exceeded the 90-day grace period allowed under the Divorce Act, your one-year mandatory separation clock resets. You will have to wait a full 365 days from your new separation date before a judge can grant a divorce.
Can my spouse force me to continue the divorce?
If your spouse filed a Response or a Counter-Application, you cannot withdraw the entire case without their consent. If they want a divorce, the process will continue. A Notice of Discontinuance requires both parties to agree if the other side has already engaged in the litigation.
Can a lawyer stop the divorce for me?
Yes. If you have retained a family law firm, you can simply instruct your lawyer that you wish to reconcile. Your lawyer will draft the Notice of Discontinuance, obtain the necessary signatures, and file it with the court on your behalf.
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