- A divorce can go ahead on one spouse's petition even if the other spouse does not cooperate.
- One spouse files Form 72A and the other is dealt with through a Notice of Petition, Form 72C, unless both spouses file a joint petition on Form 72B.
- The exact rules on who may serve, which methods count and how to prove service should be confirmed with the Family Division or a lawyer before you act.
You have decided to divorce and may have started the paperwork. Now the court expects your spouse to be formally told about it. This step is called service, and getting it right helps keep your case moving without avoidable delays.
This article explains where service fits in a New Brunswick divorce, which forms are involved, and what usually happens when a spouse ignores the papers or disagrees. The detailed mechanics of service are set by court rules and can change, so confirm them before you act.
This article covers the law of New Brunswick.
Why service matters
Service is the formal way of getting court documents to the other person. A divorce can affect property, parenting, support and your marital status, so it matters that your spouse is properly and formally told about it. What happens if service is not done correctly depends on the facts, so it is worth confirming with a lawyer or Family Division staff before you begin.
Which documents are involved
Divorce proceedings in New Brunswick take place in the Court of King's Bench, Family Division, using the Rule 72 forms. If one spouse starts the case, that spouse files a Petition for Divorce, Form 72A, and the other spouse is dealt with through a Notice of Petition for Divorce, Form 72C.
There is an exception. Spouses who agree can file together using Form 72B, the Joint Petition for Divorce, instead of one spouse filing Form 72A and serving the other with a Notice of Petition. Consent matters only for a joint petition.
| Situation | Form that starts the case |
|---|---|
| One spouse files alone | Form 72A, Petition for Divorce, with Form 72C, Notice of Petition |
| Spouses agree and file together | Form 72B, Joint Petition for Divorce |
Who can serve, how, and how to prove it
The rules about who may hand over the documents, which methods are accepted and what proof the court wants are set by the court's rules and instructions. They are not something to guess at. Ask Family Division staff or a lawyer to confirm the current requirements for your situation before you arrange service.
Whatever method applies, keep careful records. These generally help:
- A complete copy of everything that was delivered
- The date, time and place of delivery
- The name of the person who delivered the documents
- Your spouse's most recent address, phone number and workplace
- Any messages in which your spouse acknowledges receiving the papers
If your spouse ignores the papers or disagrees
Your spouse does not have to sign or agree for a divorce to proceed. The ground for divorce is breakdown of the marriage, and one year of living separate and apart establishes it, although breakdown can also be shown without the one-year wait where the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. Living apart can count even under one roof, but you may need to prove it, and at least one spouse must have intended to live separate and apart.
A spouse who disagrees has options under the Rule 72 forms: an Answer (72D), an Answer and Counter-Petition (72F), a Notice of Intent to Defend (72I), and the first spouse may reply with Form 72E. If the case proceeds, a Request for Divorce (72K) and Divorce Judgment (72M/72N) follow, then a Certificate of Divorce (72O).
Even when nothing is contested, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. It must also consider whether reconciliation is possible.
If you cannot find your spouse
A spouse who has moved or cut contact creates a real problem, because the court needs to know they were told. What the court will accept in that situation depends on the facts and on its rules, so speak with a lawyer or Family Division staff before trying anything unusual. Gather every address, contact detail and mutual contact you have, and record your efforts to locate your spouse.
What to do next
- Confirm that you meet the residence requirement: either spouse must have been habitually resident in New Brunswick for at least one year before the proceeding starts
- Confirm your separation date and gather proof of it
- Ask the Family Division or a lawyer how service must be done in your case
- Consider whether a joint petition is realistic if you and your spouse agree
- Keep copies of everything you file and deliver
Frequently asked questions
Does my spouse have to agree to the divorce?
No. Nothing in the one-year separation ground makes the other spouse's signature or agreement a condition, so a divorce can proceed on one spouse's petition. Agreement matters only if you file a joint petition.
Can we avoid service by filing together?
Yes, if you both agree. Spouses can file a Joint Petition for Divorce on Form 72B instead of one spouse filing Form 72A and serving a Notice of Petition.
What if my spouse files an Answer?
The Rule 72 forms allow an Answer, an Answer and Counter-Petition, and a Notice of Intent to Defend, and you may file a Reply. At that point the case is contested, and legal advice is worth considering.
Can I serve my spouse myself?
The rules on who may serve are set by the court and should be confirmed before you act. Family Division staff or a lawyer can tell you what applies to your case.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Court of King's Bench of New Brunswick – Family Division forms — courtsnb-coursnb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,723.85, tax included. Third-party fees are extra.