How Long Does a Divorce Take in Newfoundland and Labrador?

Most people asking how long a divorce takes want a number. The honest answer is that it depends on your facts: whether you agree, whether children are involved, and how quickly paperwork is exchanged. This article walks through the fixed waiting periods and the things that tend to add time, so you can build your own timeline.

The steps below follow the process at the Supreme Court of Newfoundland and Labrador. Some of them are set dates you cannot shorten, and others depend on how smoothly the case moves. A lawyer can confirm how they apply to you.

This article covers the law of Newfoundland and Labrador.

Two one-year rules: residency and separation

A Newfoundland and Labrador court has jurisdiction over a divorce if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.

Divorce is granted on the ground of breakdown of the marriage. The usual way to show breakdown is that the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined. The other ways are adultery or physical or mental cruelty by the respondent.

The court's page says proving adultery or cruelty does not affect its decision on property division, child support or spousal support.

Filing early and living apart under one roof

The one year has to be complete when the divorce is decided, not when you file. The court's page says you can start the application before the year has ended.

Nothing on the court's page says you need a court filing or order to separate. Separation is treated as a matter of living apart. You can also be separate and apart while still in the same home. The court's page says spouses may qualify if they stop joint activities, such as using separate bedrooms and doing laundry separately.

Trying to reconcile: the 90-day rule

Spouses are not considered to have stopped living separate and apart if they resume cohabitation for reconciliation for not more than 90 days in total. A short attempt therefore does not reset the one-year clock.

The exception matters: if you live together again for more than 90 days, the year starts over. If you are thinking of trying again, keep track of the dates.

What can slow a case down

• A contested application. If it is uncontested, the process is simple. If it is contested, the applicant must prove the claims.
• Child support arrangements. Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage.
• Income documents. A spouse applying for support must give income documents, including the three most recent income tax returns. The respondent must provide documents within 30 days of service if living in Canada or the United States, or 60 days if living elsewhere.
• Unresolved parenting, support or property issues. A judge can make orders on parenting, child support and spousal support together with the divorce.

The court must also be satisfied that there has been no collusion and that reconciliation is not possible. Trying family dispute resolution, a process outside of court, is encouraged before and during a proceeding to the extent appropriate.

The steps, in order

Where the application raises child support or parenting, it is automatically forwarded to Family Justice Services, which offers free mediation and parent education.

What to do next

The court's page says to request the Certificate of Divorce at least 30 days before you need it. If you plan to remarry or need proof for another purpose, count back from that date and allow for the 31-day wait.

• Write down the date you started living separate and apart.
• Note any period of living together again and how long it lasted.
• Confirm that one spouse has lived in the province for at least one year.
• Gather your marriage certificate and the other supporting documents for your application.
• Think about child support arrangements before filing.
• Speak with a lawyer if the case is contested or the dates are unclear.

Frequently asked questions