Filing for Divorce in Nova Scotia

The Nova Scotia Supreme Court (Family Division). It deals with all family law issues, including divorce, dividing assets (such as property), parenting arrangements, child support, spousal support and child protection. 

In Canada, a marriage breakdown is the only legal reason for divorce. You can prove the marriage has broken down in one of these ways:

• you and your spouse have been separated for at least one year
• your spouse committed adultery (cheated on you)
• your spouse was physically or mentally cruel to you.

Courts call these the “grounds” for divorce.  In nearly all divorces in Nova Scotia, the couple was separated for at least one year.

You cannot ask for a divorce based on your own adultery or cruelty.

For the court to grant a divorce, at least one spouse must swear that there is no chance of getting back together (reconciliation).

You should always talk to a lawyer when you are thinking about getting divorced. Only use a do-it-yourself kit if you are seeking a divorce based on a one-year separation or if your spouse has admitted adultery or abused you. 

Yes. You can apply for divorce in Nova Scotia if you or your spouse has lived here for at least a year immediately before applying. 

There are 3 different ways to apply for divorce. 

If you submit a joint application for divorce, both spouses sign the application as co-applicants. 

If you submit an application for divorce by written agreement, either spouse can be the applicant, and the other is the respondent. 

The only way to apply for a divorce without your spouse’s agreement is to file a petition for divorce. Three things to know are:

• Either person may file a petition for divorce without their spouse’s permission or consent. 
• Either spouse can petition for divorce based on a one-year separation.
• Only a spouse who did not commit adultery or cruelty can seek a divorce for those reasons.

The forms are available from the Supreme Court (Family Division) with a brief instruction book. Online Guide to Filing for Divorce in Nova Scotia is a step-by-step guide with the forms for filing for divorce.

You can complete the forms on your computer and print a paper copy to file with the court.

You can hire a lawyer to prepare the forms for you. If you decide to complete the documents yourself, you should still try to have a lawyer review them before you file them with the court. Check out the lawyers and legal help page for help and advice on working with lawyers.

You can file for a divorce on your own. However, many steps are involved, and the process can be complicated, even for an uncontested divorce. If you cannot afford a lawyer, you can prepare the necessary documents yourself. Consider hiring a lawyer to do this for you, as representing yourself in court has risks.

Your divorce will permanently impact your life, including rights and legal obligations. Waiving a right to get spousal support or a division of property is final. It is rare for a spouse to go back to court and successfully get a different decision.

For a do-it-yourself uncontested divorce, you usually start by filing one of these applications:

•  Application for Divorce by Agreement
• Joint Application for Divorce.

It’s also possible to convert a contested divorce (petition for divorce) into an uncontested divorce if the respondent simply doesn’t reply to the petition. That requires filing two sets of documents and takes longer than the other types of uncontested divorces. 

You should contact a lawyer if you are not sure which to choose. Judges and court officers cannot give you legal advice. Make sure you understand the risks involved before you decide.

Getting divorced means agreeing to things you won’t be able to change once your divorce is final. It can affect your life for a long time. You should always talk to a lawyer if you are thinking about getting divorced, even if you decide to do it yourself.

For more information, go to nsfamilylaw.ca.

• If you are filing for a divorce without the help of a lawyer (“representing yourself”), you must complete a Divorce Workshop. This workshop gives you information on how to fill out the forms, how long the process takes, and what you can expect. For more information, you can speak with Family Court staff by going to https://www.nsfamilylaw.ca/separation-divorce/divorce, or emailing [email protected].
• You can make an appointment with a Nova Scotia Legal Aid summary advice lawyer. You do not have to qualify for Nova Scotia Legal Aid to use this service. The summary advice lawyers provide brief, basic legal advice free of charge. Go to https://www.nsfamilylaw.ca/legal-advice-information for contact information.
• Contact your local Nova Scotia Legal Aid office at: http://www.nslegalaid.ca/contact.php.

• The Family Law Information Program (FLIP) at the courts in Halifax and Sydney can offer assistance. Contact the FLIP in Sydney at 902-563-5761 or in Halifax at 902-424-5232 for further information, or go to: https://www.nsfamilylaw.ca/programs-services/family-law-information-program.
• Check out the Lawyers and Legal Help page for other possible sources of help. Remember: only a lawyer can give you legal advice.
• If you pay a private lawyer, they will fill out the forms.

An uncontested or desk divorce is where the spouses agree on the basis for the divorce (usually a one-year separation) and other issues, including parenting arrangements, child support, spousal support, property division, and debts.

The agreement is confirmed in a Corollary Relief Order (CRO), a court order covering parenting arrangements, support, asset and debt division. A judge approves the CRO as part of the divorce process. The spouses file the necessary forms with the court, and a judge reviews them in their office. That’s why an uncontested divorce is sometimes called a desk divorce.

Spouses are seldom asked to appear in court for an uncontested divorce. If there is missing information, the court will send each spouse a request letter or ask them to clarify CRO terms.

It depends. Either spouse may file for divorce as soon as you separate. But a court will only grant a divorce after you have been separated for 1 year unless the spouse seeking the divorce can prove the other spouse committed adultery or intolerable cruelty.

It can take 12 to 18 months for spouses to agree on all issues relating to their separation, such as parenting, child and spousal support, division of property and debts. Some spouses reach agreement sooner than this; others take longer.

After being separated for 1 year and agreeing on all issues, you can apply for an uncontested divorce. Even if you fill out all the forms correctly and provide all the necessary information, it may still take months for the court to process the forms and grant an uncontested divorce. You should contact the court to find out how quickly they can process an uncontested divorce.

When the court grants your divorce, you must wait 31 days from the date on your divorce order to be legally divorced. This is the appeal period. If neither spouse appeals, the court will mail you a Certificate of Divorce after the appeal period ends. You will need the Certificate of Divorce to remarry.

If you and your spouse have already agreed on everything and decide to hire lawyers, you can expect to spend about $1,500 to $3,000 for legal costs, plus HST (Harmonized Sales Tax) and the court filing fee. That price would be for getting independent legal advice, preparing the separation agreement and the necessary court forms. 

As of February 2024, the court filing fee for an Application for Divorce by Written Agreement or Joint Application for Divorce was $218.05, plus $25 for the law stamp and HST. There may also be some office expenses (photocopies, postage, couriers, etc.) and a fee for serving your spouse the divorce documents. These expenses are called “disbursements.”

More information about court filing fees

Generally, it costs more to hire a senior lawyer than a junior one. If you are concerned about the cost, ask whether a junior lawyer can help with the paperwork. Some lawyers may also be willing to help with part of the work, called a limited scope retainer, which will reduce costs.

Each spouse should get independent legal advice from a different lawyer. It is unethical for the same lawyer to provide legal advice to both spouses. Each spouse’s different legal needs require independent advice.

Yes. Nova Scotians with a low income can ask the court for a Waiver of Fees application: https://www.courts.ns.ca/resources/public/costs-fees. You will need to provide proof of your income.

Each spouse usually pays their legal costs in an uncontested divorce. The person who applies for the divorce pays the court filing fees and other court-related costs. Sometimes, spouses agree to share these costs.

• negotiate with each other
• hire a lawyer to negotiate for you
• hire a mediator to help

Mediators and conciliators cannot give legal advice. They do not decide issues for you and will not force an agreement. 

Each spouse should talk to their lawyer before signing any separation agreement. This is called getting independent legal advice.

Your lawyer will read the agreement with you and ensure you understand what it means and how it will affect you. They can explain your rights and obligations and may give an opinion on whether the agreement is fair.

Once you agree to the terms of a separation agreement, it is very difficult to change unless you and your spouse both agree.

If you cannot reach an agreement, either of you can apply to court to ask a judge to make an order on whatever issues you need to address. You will have opportunities to reach an agreement during the court process. For example, if you apply to court, the court process usually starts with conciliation, another chance for the spouses to meet and reach an agreement. Conciliators can order a spouse to provide full financial disclosure and make limited orders for child support, but they cannot force the spouses to agree.

• the type of parenting arrangements you will have for your children
• child support (the minimum amount allowed by law is in the Federal Child Support Guidelines)
• childcare and other children’s expenses (called s.7 expenses under federal law)
• whether spousal support will be paid and, if so, who will receive spousal support, how much, and for how long
• how property and debts will be or have been divided.

A divorce is contested if the spouses cannot agree on: 

• the reasons for the divorce (one-year separation, adultery or cruelty)
• parenting arrangements
• child or spousal support
• division of property and debts.]

When this happens, one spouse must submit a petition for divorce. 

There are many reasons why the spouses may be unable to reach an agreement related to their divorce. In some cases, the spouses disagree on the issues. In other cases, one of the spouses may simply refuse to communicate about the divorce. Whatever the reasons, if you cannot reach an agreement, filing a petition for divorce is the only option. 

A judge will decide on the issues the spouses cannot agree on unless they work things out before they go to trial.

If you and your spouse cannot agree on important questions and you have to go to court, it will probably take 2 or 3 years to finalize your divorce.

The overall cost depends on how reasonable the spouses are with each other and how complicated the issues are to resolve. If both sides hire lawyers and reach agreement quickly, legal fees may only cost a few thousand dollars each.

If one or both spouses are unreasonable or have complicated issues, it may cost each spouse $5,000 or more in legal fees to reach an agreement.

If the spouses cannot reach an agreement and a divorce trial is necessary, costs for each spouse can be between $5,000 and $40,000 or more in complicated cases. These are general figures. You should ask your lawyer to estimate how much your divorce will cost.

Yes. You can file for divorce in a province or territory if you or your spouse has lived in that location for at least a year immediately before you file. You will need to provide an original certificate from where you were married.

If you were married in a country that doesn’t give a marriage certificate, then there are steps you can take to prove your marriage and get a divorce in Canada. You should speak with a lawyer or a court worker for help on this process.

You can file for divorce if you or your spouse has lived in Nova Scotia for at least one year. This residency rule applies across Canada. It is part of the Divorce Act, which is Canadian law.

If you just moved to Nova Scotia from another province or territory, and your spouse has lived in another province for at least a year, you can ask your spouse to file for divorce where they live.

Yes, but it takes more work. First, you should do everything you can to find your spouse. For example, you might:

• contact friends or relatives to try to find your spouse
• do internet searches
• look on social media
• ask at your spouse’s recent home or place of work
• hire a private investigator to help locate your spouse.

Go to nsfamilylaw.ca for more ideas.

Keep written records of the steps you take to find your spouse. If you still cannot find your spouse, you can apply to court for an order for substituted service. This order will allow you to notify your spouse in a way other than personal service to ensure your spouse knows you have filed for divorce. It may include having the divorce documents delivered to someone else (for example, your spouse’s parents) who is likely to be in touch with them. 

To get an order for substituted service, you will need to convince a judge that:

• you have made every reasonable effort to find your spouse, and
• there is another reliable way to notify your spouse about the divorce (for example, by serving another person or by serving your spouse electronically).

Go to nsfamilylaw.ca for more information about service or applying for substituted service. You will also find information in Nova Scotia’s Civil Procedure Rules (court rules and processes made by judges).

You should speak with a lawyer to get legal advice about applying for an order for substituted service.

Yes. Divorce law encourages spouses to get back together (reconcile) if possible.

An application or petition for divorce expires 6 months after the day it is filed with the court unless the respondent is notified of the divorce petition or application within that time or the court extends the notification time.

You can get back together any number of times without affecting your date of separation, as long as the total number of days you live together as spouses is not more than 90. If you get back together for more than 90 days and then file for divorce again, your separation date changes to the date your last reconciliation ended. A change in your separation date may also affect your division of property.

If your divorce was finalized, you cannot cancel it, but you can re-marry each other.

In most cases, if the divorce is not final, the petitioner or applicant can stop the divorce by filing a notice of discontinuance with the court and delivering the notice to the respondent. If you discontinue the divorce and later decide to restart it, you must do a new petition or application for divorce and pay the court filing fee again.

Yes. If you want to change your name, your Petition for Divorce, the affidavit supporting a Joint Application for a divorce, or a Divorce by Agreement should say that you plan to change your name and say what new name you want to use. Your divorce order should contain a paragraph relating to the name change. See the Petition for Divorce, Joint Applications or Divorce by Agreement forms for more details.

You can go back to using your unmarried name or a previous married name at any time without waiting for a court order.

After you change your name, you must change your identification and inform all government offices, agencies and organizations you deal with. You should tell them in writing (some places have specific forms). If you changed your name in your divorce order, you can show a copy as proof. If you changed your name informally by just going back to using your unmarried name or a previous married name, you could use your birth certificate or previous marriage certificate as proof of your previous name.

For more information about name changes, go to nsfamilylaw.ca.

In an uncontested divorce, the court will only change your children’s names with both spouses' consent. You will need to get written consent from your spouse and file it with the court. You should also include a paragraph in your divorce documents saying what the children’s names are, what you want the names changed to, and confirming that both spouses consent to the name change.

In a contested divorce, a judge can order a name change, even if one of the parents disagrees. 

If the court orders that the children’s names be changed, you should tell the children’s schools, doctors and other organizations in writing.

Information about name changes is at nsfamilylaw.ca

Depending on your situation, here are some things you might consider:

• Review your separation agreement (confirmed in your corollary relief order). Ensure you have divided all of your property and done everything the agreement required.
• Update your marital status with the Canada Revenue Agency (CRA). Find out about the different tax deductions, exemptions, benefits and changes available after separation and divorce. You can also get help from an accountant.
• If you and your spouse agreed to divide an employment pension, contact the plan administrator for instructions and send them a copy of your agreement or court order.
• Contact the Canada Pension Plan (CPP) or call them at 1-800-277-9914 about pension credit splitting.
• Review your will and update it. In Nova Scotia, divorce removes (revokes) the parts of a will that give a gift to or provide a benefit to your former spouse. If you named your former spouse as your executor, it also removes them as executor of your will. There are exceptions: the will, a separation agreement, or marriage contract may say that these parts of your will are unaffected.
• Review your insurance policies, RRSP, TFSA and other savings where you named a beneficiary. Change the beneficiary and amounts as needed. Make sure you have insurance coverage as stated in your separation agreement or court order (corollary relief order).
• Check to see if you gave your former spouse power of attorney to deal with financial, property, personal care or consent to medical treatment decisions on your behalf. Decide if you want to cancel (revoke) this power and give it to someone else.

Please check out our page about going to court. That page includes information about finding a lawyer, getting legal advice, and finding information about family law.