Starting a Family Court Application in St. John's, Newfoundland and Labrador

You are separated and need a court to decide something, such as parenting, support, property or a divorce. The paperwork and the unfamiliar court process can feel overwhelming.

This article walks through the general steps in the St. John's area: whether you need court at all, where to file, what happens after filing and how to prepare. Details change with your situation, so confirm specifics with a lawyer or the court registry.

This article covers the law of Newfoundland and Labrador.

Do you need to go to court at all?

Separating is mainly a matter of living apart, and spouses can still be separate and apart under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately. A court filing or order is not needed to separate, and court forms come in only when someone applies for a divorce or for orders on parenting, support or property.

The Divorce Act does not make out-of-court resolution an absolute requirement. It says that, to the extent it is appropriate, parties should try before and during a proceeding to resolve the matters that may be the subject of an order through a family dispute resolution process, which the Act defines as a process outside of court. If you and your spouse sign an agreement on property or support, it generally displaces the Family Law Act's default rules for those matters.

Where to file

The Family Division of the Supreme Court exercises jurisdiction over almost all family law matters, including divorce, property disputes between spouses or partners, spousal and partner support, child support and parenting. It has exclusive jurisdiction in the East Coast judicial area, which covers part of the Avalon Peninsula up to and including Holyrood, and Bell Island. It also has exclusive jurisdiction in the West Coast judicial area, which covers the west coast of the island, including the Northern Peninsula.

If you live in the expanded service area from Holyrood to Port Blandford, including the Bonavista Peninsula, you can choose either the Family Division or the Provincial Court for parenting orders under the Children's Law Act and support applications under the Family Law Act. Divorce is a Supreme Court matter. Confirm which area your address falls in with the court registry.

The basic steps

• Decide what you are asking for: divorce, parenting, child support, spousal support or property.
• For a divorce, file an Originating Application, alone or jointly with your former spouse, with the marriage certificate and other supporting documents. The court's form is F4.03A.
• The other party responds.
• If the matter is uncontested, the process is simple. If it is contested, the applicant must prove the claims.
• For a divorce judgment, an Application for Judgment, form F26.02A, is among the court's forms.

A judge can make orders on parenting, child support and spousal support together with the divorce.

Divorce requirements and timing

A court has jurisdiction over a divorce proceeding 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, established if the spouses have lived separate and apart for at least one year immediately preceding the determination, or if the respondent committed adultery or physical or mental cruelty.

You can start the application before the one-year separation has ended, but the year must be complete when the divorce is determined. A short reconciliation attempt of not more than 90 days in total does not reset the clock.

The court lists a fee of $60 for the divorce judgment, including corollary relief, and $20 for a Certificate of Divorce, which should be requested at least 30 days before it is needed. A divorce takes effect on the thirty-first day after the judgment is rendered.

What happens after filing, and what to do next

When an Originating Application raising a child support or parenting issue is filed with the Supreme Court, it is automatically forwarded to Family Justice Services, which offers free mediation and parent education sessions. Attendance at the Parent Information Program, a group session called 'Living Apart…Parenting Together', is mandatory for parents involved in family court applications. Confirm the current format and registration with the nearest FJS office.

If child support is in issue, 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.

• Gather your marriage certificate, if you are seeking a divorce.
• Collect your last three income tax returns and other income records.
• Write down your separation date and the children's living arrangements.
• Contact the nearest FJS office or the court registry about forms and the Parent Information Program.
• Speak with a family lawyer about which claims to include and any time limits.

Frequently asked questions