How Long Does a Divorce Take in Nova Scotia? Timelines Explained

If you are ready to separate legally, one of your first questions is probably how long it will all take. The honest answer is that it depends on two things: the time the law requires you to be separated, and the time the court process itself takes.

This article walks through each stage, from the separation year to the day the divorce takes effect, for both agreed (uncontested) and disputed (contested) cases in the Supreme Court of Nova Scotia (Family Division). It does not promise a specific number of months, because that depends on your facts and the court's schedule.

This article covers the law of Nova Scotia.

The one-year separation period

A court may grant a divorce on the sole ground that the marriage has broken down. The usual way to show that is to have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and to have been living separate and apart when it started.

The clock can start before you file. Spouses are treated as living separate and apart for any period when they lived apart and either of them intended to live separate and apart, so one spouse's intention is enough.

There is an exception for reconciliation attempts. The year is not interrupted or ended just because you resumed living together for no more than 90 days in total, where the main purpose was trying to reconcile.

Cases where you may not have to wait a year

Breakdown can also be shown without waiting a year if the other spouse has committed adultery, or has treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. The one-year separation described above is the other way to show breakdown. Whether either of these grounds fits your situation depends on the facts, so a lawyer can help you weigh the options.

Uncontested versus contested: how the court stage differs

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). The route you take affects how many steps stand between filing and a judgment.

What can add time

A divorce often sits alongside parenting, child support, spousal support and property questions. The Family Division hears parenting arrangements, child support, division of matrimonial assets and debts, and divorce. How spousal support fits in depends on your situation, so it is worth confirming with a lawyer. If you disagree on any of these issues, the process can lengthen.

• The Parent Information Program is mandatory when a court application involving children is filed, so you will need to fit it in.
• Court-based dispute resolution, such as conciliation, mediation or a voluntary judge-led settlement conference, may be part of your case.
• Disputes over income can take time to sort out, because child support is based on the payor's annual income and the court may look at the last three years.
• Missing paperwork or difficulty serving your spouse can slow an otherwise simple file.

The 31-day wait and the certificate

Even after a judge grants the divorce, you are not divorced right away. The divorce takes effect on the 31st day after the day the judgment is rendered.

The court's divorce certificate is issued only after the divorce is granted and the appeal period has passed. Do not plan a remarriage or other deadline around the judgment date alone. Count the 31 days and then confirm the certificate with the court.

Planning your timeline

• Write down the date you and your spouse began living separate and apart, and whether either of you intended to live separate and apart.
• Note any periods you lived together again, and add up the days.
• List the issues you agree on and those you do not.
• Gather income records, since support questions can add time.
• Speak with a lawyer early if you expect a dispute or if you want to rely on adultery or cruelty.

Frequently asked questions