How Long Does a Divorce Take in Nova Scotia From Filing to Order

If you are thinking about ending your marriage, you probably want to know how long it will take. The honest answer is that it depends on your separation date, whether you agree on the issues, and how the court process moves.

This article walks through the stages in order, from the separation period to the day the divorce takes effect, and points out what tends to slow things down.

This article covers the law of Nova Scotia.

The one-year separation rule

A court may grant a divorce on the sole ground that the marriage has broken down. Breakdown is established if the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart when it started.

Spouses are deemed to have lived 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. You can generally start the paperwork before the year is complete, but the year must be met when the proceeding is determined.

If you try to reconcile, the one-year separation is not interrupted or ended just because you resumed living together for no more than 90 days in total, where the primary purpose was a reconciliation attempt.

When you do not have to wait a year

Breakdown can be shown without waiting a year if the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. These situations are fact-specific, so speak with a lawyer before relying on them.

Uncontested and contested divorces

Divorces are heard in the Supreme Court of Nova Scotia (Family Division). The court forms include Form 59.46 (Joint Application for Divorce), Form 59.09 (Petition for Divorce) and Form 59.45 (Application for Divorce by Agreement).

The court must also satisfy itself that there has been no collusion in relation to the divorce application. Typical processing times at the court are not something we can give as a firm number, so ask the court registry for current expectations.

What slows a divorce down

• Disagreement about parenting, where the court considers only the best interests of the child.
• Disputes about child support, which is based on the payor's annual income and can involve looking at income over the last three years.
• Spousal support disagreements, where the court considers the condition, means, needs and other circumstances of each spouse.
• Time to serve documents outside Nova Scotia, which extends the response period.
• Mandatory steps such as the Parent Information Program when an application involves children.

Conciliation, mediation and voluntary judge-led settlement conferences are available in the Family Division and may help resolve issues sooner.

After the judgment, and what to do next

A divorce takes effect on the 31st day after the day the judgment granting the divorce is rendered. The court's divorce certificate is issued only after the divorce is granted and the appeal period has passed.

• Note the date you and your spouse began living separate and apart.
• Decide whether you can agree on parenting, support and property.
• Gather income records for the last three years.
• Check the official forms and the current court information before filing.
• Speak with a lawyer if you are unsure about the separation date or if there are safety concerns.

Frequently asked questions