How do I file a joint divorce application in Nova Scotia?
This answer covers the law of Nova Scotia.
You file a joint divorce application in the Supreme Court of Nova Scotia (Family Division), using Form 59.46 (Joint Application for Divorce). If you and your spouse agree on all issues, the file can go to a judge without a hearing.
A court can grant a divorce on the sole ground that the marriage has broken down. That is usually shown by living separate and apart for at least one year immediately before the divorce proceeding is determined, and by living separate and apart when it started. Getting back together for no more than 90 days in total, mainly to attempt reconciliation, does not interrupt that year. The court must also be satisfied there has been no collusion.
Once granted, a divorce takes effect on the 31st day after the judgment is rendered. If children are involved, the Parent Information Program is mandatory when the application is filed. The court lists practice memorandum forms for divorce, such as FD 12 and FD 12A, on its website, but those web versions are unofficial, and the official forms are in Part 22 of the Civil Procedure Rules, so confirm which form applies to you before filing. Fees and timing vary, so confirm them with the court or a lawyer.
Key takeaways
- A joint divorce application is filed on Form 59.46 in the Supreme Court of Nova Scotia (Family Division).
- If you and your spouse agree on all issues, the file can go to a judge without a hearing.
- Marriage breakdown is usually shown by living separate and apart for at least one year, unless the other spouse has committed adultery or treated you with physical or mental cruelty that makes living together intolerable, and a reconciliation attempt of no more than 90 days in total does not interrupt that year.
- A divorce takes effect on the 31st day after the judgment is rendered, and the court's divorce certificate is issued only after the appeal period has passed.