How do I file forms for a Divorce?
Do not need a Lawyer, or the expensive interference of a Lawyer, in New Brunswick, Canada for the most common family law actions, that, which, people can do for themselves, is an uncontested divorce. Divorce is different from other family law matters, because Petitions for Divorce must be filed in Fredericton with the Office of the Registrar. You can get the Petition for Divorce, Joint Petition for Divorce and the Financial Statement from the Registrar’s office for a small fee. If you choose to do your own divorce, you should use the “Doing your Own Divorce” guide, available free online.
It is very important to fill out the forms as neatly and accurately as possible. The information requested on the forms is required for a reason, therefore, you should not ignore any part. Even if you think that something is obvious or that you don’t need to respond, you must fill in everything. For example, on some divorce forms there are several questions that ask for details about your children. If you have no children, say so on the form. When completing the forms, be as thorough and as clear as you can. Focus on the questions being asked and do not skip any sections. If something does not apply, cross it out. When the Petition and other documents are complete, and you have checked them over, make a photocopy. You will need to give the Registrar the original and a photocopy when you file.
All divorce petitions must be filed with the Office of the Registrar in Fredericton. It is the central filing office for all divorce petitions in New Brunswick. They can be reached at 506-453-2452. The address for the Registrar is:
Justice Building
427 Queen Street
Fredericton, New Brunswick
E3B 1B7
When you have filed your documents, the Registrar will sign, stamp and put a court file number on your form. The court file number is very important as it identifies your matter before the Court. Thereafter, protocol requires that all the documents you intend to file as submissions to in your Court proceeding must have this file number on them. Before you do anything else, it is wise to confirm with the Registrar, that, the Originating Process documents are satisfactorily completed, and when the Registrar intends to return the original set of documents to you. The Registrar will keep a copy.
Once the divorce petition is filed with the Registrar, you have six months to serve it on your spouse. You cannot make changes to documents once they are filed, unless you file a new form and mark it as amended. Any new or changed information MUST be underlined. There is a $10 fee to re-file documents, that is if you do it yourself; a lawyer will charge (reportedly) five thousand dollars to do what you can do for the price of your study time and filing fees all less than one hundred dollars. You must also arrange for service of the amended form on your spouse.
Subsequent documents concerning your divorce, like the Trial Record, must be filed with the Court Clerk’s office in your judicial district.
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