Divorce Residency Essentials to Get Divorce in New-brunswick
In New Brunswick, the individual filing for the divorce is called the petitioner. The defending party is called the respondent. Either spouse can file for the divorce. Or both spouses can file together as what is called “co-petitioners.” An uncontested divorce in New Brunswick is called an affidavit divorce. This just means that both spouses agree on the terms of the divorce.
When filing a divorce without an attorney, online or in person in New Brunswick, you should file in the city, county or municipality where either of the petitioner lives. If there are children of the union, filing at the location they live is often required.
One requirement for any divorce in New Brunswick is that the marriage certificate is provided. If neither party has access, a replacement certificate is available through the Vital Statistics Agency. You will not need to wait for the new certificate before beginning the filing process with OnlineDivorceSolutions.com.
The Divorce Act of Canada in 1986 is a country-wide act that sets the grounds for divorce. It lays out both at-fault and no-fault reasons for divorce and provides a basis for spousal and child support as well as custody. However, debt and property distribution is covered under the laws of each province or territory.
OnlineDivorceSolutions.com provides all documents needed to file divorce papers under the Divorce Act. We also offer the separation agreement which covers property and debt issues. To process this portion of the divorce, you and your spouse will first need to reach a full agreement for the division of all property and debt. If you cannot reach this agreement, you will need to contact an attorney and proceed in that manner.
Residency Requirements for Uncontested Divorce in New Brunswick
You can file your divorce forms in any province or territory where either spouse has lived during the prior year. If there are children involved, it will need to be filed where the children live.
Reasons for Divorce in New-brunswick
There are three distinct grounds for divorce in Canada. They include:
- Separated - This is a no-fault judgment. The spouses must have lived apart for at least a year. The divorce may be filed before the year has passed but a decision won’t be issued until after a year. It is possible for spouses to live in the same home, as long as at least one of the spouses intend for there to be separation implied. This is not usually questioned.
The second and third grounds for divorce are only available to the petitioner, meaning that the one who committed the act cannot file for divorce. These two grounds don’t have a waiting period, but they may be more difficult to establish. It may be impossible to utilize one of those grounds when filing a joint petition.
Property Distribution in New-brunswick
Because property and debt division are covered by territorial or provincial law, it may vary from case to case. It is generally understood that property obtained during a marriage is shared and there is some mechanism utilized to divide the property fairly. An agreement as to distribution must be met in order to utilize OnlineDivorceSolutions.com for an online divorce.