How to Get a Divorce in Newfoundland and Labrador Step by Step

Ending a marriage legally takes a few clear steps. In Newfoundland and Labrador, divorce is handled by the Supreme Court, and separating itself does not need a court order.

This article walks through the grounds, the forms, the filing, the court's review and the final divorce. Details differ by family, so a lawyer can confirm what applies to you.

This article covers the law of Newfoundland and Labrador.

Before you apply: residency and grounds

The court has jurisdiction 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. That is established if you have lived separate and apart for at least one year immediately before the divorce is determined, or if the respondent committed adultery or physical or mental cruelty.

Separation is a matter of living apart, and spouses can be separate under one roof if they stop joint activities such as sharing a bedroom or doing laundry together. If you resume cohabitation for reconciliation for not more than 90 days in total, you are not considered to have stopped living separate and apart.

Being habitually resident simply means the province is where you ordinarily live. The Divorce Act applies only to married spouses, so unmarried partners cannot claim under it. Partners who meet the Family Law Act definition claim support under that Act instead.

Step by step at the Supreme Court

• File an Originating Application, alone or jointly with your former spouse, with the marriage certificate and other supporting documents. The form is F4.03A.
• You can start before the one-year separation has ended, but the year must be complete when the divorce is determined.
• The other party responds.
• If uncontested, the process is simple. If contested, the applicant must prove the claims.
• Apply for judgment using form F26.02A.

If your application raises child support or parenting, it is automatically forwarded to Family Justice Services. Attendance at the Parent Information Program is mandatory for parents involved in family court applications.

Where family matters are heard depends on where you live. In the East Coast and West Coast judicial areas, the Family Division of the Supreme Court has exclusive jurisdiction. In the expanded service area from Holyrood to Port Blandford, residents can choose the Provincial Court for some parenting and support applications, but divorce is a Supreme Court matter. In areas without a Family Division, the General Division of the Supreme Court also exercises jurisdiction over some family matters.

What the court checks

Before granting a divorce, the court must be satisfied there has been no collusion and that reasonable arrangements have been made for the support of any children of the marriage. It must also be satisfied that reconciliation is not possible.

A judge can make orders on parenting, child support and spousal support together with the divorce. Parties should also try to resolve these matters through a process outside of court, to the extent appropriate.

• Parenting: the court takes into consideration only the best interests of the child, and its primary consideration is the child's physical, emotional and psychological safety, security and well-being. The federal Act now speaks of parenting time and decision-making responsibility instead of custody and access.
• Child support: the usual starting point is the table amount plus any special or extraordinary expenses, and the table used is generally the one for the province where the paying spouse lives.
• Spousal support: the court may order a spouse to pay or secure lump sum or periodic support, looking at each spouse's condition, means, needs and other circumstances.
• Property: either spouse may apply to have matrimonial assets divided in equal shares, though the court can divide them unequally where equal shares would be grossly unjust or unconscionable.

If you and your spouse sign a written, witnessed separation agreement, it generally displaces the Family Law Act's default rules on the matters it covers, such as property or support. A court may set an agreement aside if a party failed to disclose significant assets or debts.

Family Justice Services helps families resolve parenting and child support issues outside the courtroom. It offers mediation and parent education sessions, is free, and does not provide legal advice. Both parties can sign and submit a Request for Service to the nearest office.

Fees, final divorce and certificate

A Certificate of Divorce is issued on request. Filing fees for the application itself should be confirmed with the court.

What to do next

• Confirm your separation date and one year of residency.
• Locate your marriage certificate.
• Decide whether to apply alone or jointly.
• Gather income and property information for any support or property claims.
• Mind the property time limits: an application to divide matrimonial assets cannot be brought more than 2 years after the marriage is terminated by divorce or nullity, or 6 years after separation with no reasonable prospect of resuming cohabitation, or 1 year after the first spouse's death.
• Speak with a lawyer about parenting, support and property before filing.

Frequently asked questions