Divorce Lawyer New Brunswick | Family Lawyer NB

Navigating Divorce with Expert Legal Support

Divorce can be a challenging and emotional experience. Whether you are facing a mutual separation or a more complex legal dispute, our experienced team of divorce lawyers in New Brunswick is here to guide you through the process with compassion and expertise. We ensure your rights are protected, provide clear legal advice, and work toward the best possible outcome for your future.

Understanding Divorce Law in New Brunswick

In New Brunswick, divorce is governed by the Divorce Act of Canada, which applies across all provinces and territories. This federal legislation outlines the legal grounds for divorce and provides guidance on child custody, access, spousal support, and child support.

Additionally, family law matters such as property division and child protection are governed by New Brunswick’s Family Law Act, which replaced the outdated Family Services Act. The Family Law Act ensures fair treatment in family disputes, particularly in relation to property division and support matters.

To learn more, you can refer to the full text of the Family Law Act, 2020, c.23 here.

How to Get a Divorce in New Brunswick

Embarking on the journey of divorce in New Brunswick involves several important steps:

1. Meet the Residency Requirements: At least one spouse must have lived in New Brunswick for a minimum of one year before filing.
2. Determine the Grounds for Divorce: Decide whether you will file for a no-fault divorce based on a one-year separation or a fault-based divorce due to adultery or cruelty.
3. Complete the Necessary Forms: Prepare the required legal documents, including the Statement of Claim for Divorce.
4. File the Documents with the Court: Submit your paperwork to the Court of King's Bench, Family Division.
5. Serve Your Spouse: Officially deliver the divorce papers to your spouse.
6. Negotiate Settlement Terms: Work out agreements on child custody, support, and property division, possibly through mediation.
7. Attend Court Hearings if Necessary: If disputes remain unresolved, court intervention may be required.
8. Obtain the Divorce Order: Once all matters are settled, the court can grant a divorce order, finalizing your divorce 31 days after issuance.

Our lawyers are here to guide you through each step, ensuring the process is handled efficiently and your rights are protected.

How Our Divorce Lawyers Can Help You

Our divorce lawyers provide comprehensive legal services tailored to your needs, including:

• Negotiation and Mediation: We offer experienced guidance to help you settle disputes outside of court.
• Litigation Support: When negotiations fail, we will represent your interests in court to ensure a fair outcome.
• Personalized Legal Advice: Each case is unique, and we take the time to understand your circumstances and craft a legal strategy that meets your goals.

Whether you need help with child custody, support arrangements, or property division, our team is here to offer expert legal support every step of the way.

Grounds for Divorce in New Brunswick

Under the Divorce Act, there are specific grounds for divorce:

• No-Fault Divorce: The most common ground is living separate and apart for at least one year. This option does not require proving fault.
• Fault-Based Divorce: You can also seek a divorce on grounds of adultery or cruelty, which may require evidence to substantiate the claims.

We’ll help you navigate the legal process to ensure your divorce is handled efficiently and with your best interests in mind.

Separation Agreement New Brunswick

A separation agreement is a legally binding contract between spouses who have decided to live apart. In New Brunswick, a well-crafted separation agreement can address:

• Property Division: Outlining how assets and debts will be divided.
• Child Custody and Access: Establishing parenting arrangements and visitation schedules.
• Child and Spousal Support: Determining financial support obligations.

Creating a separation agreement can simplify the divorce process by resolving key issues upfront. Our lawyers can assist you in negotiating terms that are fair and in compliance with New Brunswick laws.

Common Law New Brunswick

In New Brunswick, a common-law relationship is recognized when two individuals live together in a conjugal relationship for at least three years, or less if they have a child together. While common-law partners do not have the same legal status as married couples, they do have certain rights and obligations, particularly concerning:

• Property Claims: Rights to property acquired during the relationship may not be automatic.
• Spousal Support: One partner may be entitled to support from the other under certain conditions.
• Parental Rights: Common-law partners have the same rights and responsibilities toward their children as married couples.

Understanding your legal standing in a common-law relationship is crucial. Our legal team can provide guidance tailored to your situation.

Common Law Separation New Brunswick

Separating from a common-law partner involves unique legal considerations:

• Property Division: Unlike married couples, common-law partners must prove contribution to claim a share of property.
• Support Obligations: Eligibility for spousal support depends on factors like the length of the relationship and financial dependency.
• Child Custody and Support: Similar to married couples, arrangements must prioritize the best interests of the child.

Our experienced lawyers can help you navigate the complexities of common-law separation, ensuring your rights are protected and facilitating a fair resolution.

Division of Marital Property in New Brunswick

Property division during divorce can be complex. In New Brunswick, the Family Law Act governs the division of marital property (formerly referred to as matrimonial property). Marital property typically includes:

• The Family Home
• Financial Assets: Pensions, savings, and retirement funds.
• Debts: Obligations accumulated during the marriage.

While equal division is often the starting point, exceptions may apply depending on the circumstances. Our lawyers will guide you through the property division process, ensuring a fair outcome and protecting your financial future.

Child Custody and Access

When it comes to child custody, the courts in New Brunswick prioritize the best interests of the child, as outlined in the Divorce Act. Our lawyers help you understand the various custody arrangements available, including:

• Joint Custody: Both parents share responsibility for decision-making.
• Sole Custody: One parent is the primary decision-maker.
• Shared Custody: The child spends nearly equal time with both parents.

We work with you to create a parenting plan that reflects your family's needs and prioritizes the well-being of your children.

Child Support NB

Child support is a key component of a divorce, ensuring that children's financial needs are met. In New Brunswick, child support is calculated using the Federal Child Support Guidelines, which consider:

• Parental Income: The gross annual income of both parents.
• Number of Children: Support amounts adjust based on how many children are involved.
• Custody Arrangements: The amount of time the child spends with each parent can affect support calculations.

Our lawyers ensure that child support arrangements are fair and reflect the financial needs and circumstances of all parties.

NB Child Support Calculator

To estimate potential child support payments, you can use the NB Child Support Calculator. This tool provides an approximate calculation based on the Federal Child Support Guidelines, helping you understand your obligations.

Spousal Support New Brunswick

Spousal support, also known as alimony, provides financial assistance to a spouse after separation or divorce. In New Brunswick, spousal support depends on factors such as:

• The Length of the Marriage or Common-Law Relationship
• Financial Situations: Each spouse's income, earning capacity, and financial needs.
• Contributions Made During the Relationship: Including homemaking and career sacrifices.

Our lawyers assist in negotiating spousal support arrangements that are fair and sustainable. We also help in modifying these arrangements if your circumstances change.

Mediation vs. Litigation: Which Is Right for You?

In New Brunswick, both mediation and litigation are available to resolve divorce disputes.

• Mediation: A less adversarial and cost-effective option that helps couples reach amicable agreements on issues such as custody, support, and property division. New Brunswick offers court-ordered mediation services to facilitate resolutions without a prolonged court battle.
• Litigation: If mediation is unsuccessful or inappropriate, litigation may be necessary. Our lawyers are experienced in representing clients in court and ensuring their rights are upheld.

We can help you determine the best approach for your situation, prioritizing your interests and those of your family.

Common Divorce Myths in New Brunswick

There are many misconceptions about divorce law in New Brunswick. Some of the most common include:

• “All Property Is Divided Equally”: While equal division of marital property is the starting point, exceptions apply in certain cases.
• “Spousal Support Is Guaranteed”: Spousal support depends on factors such as the length of the marriage and each spouse’s financial situation.
• “Every Divorce Ends Up in Court”: Many divorces are resolved through negotiation or mediation, avoiding the need for litigation.

We clear up these misunderstandings and ensure you have an accurate understanding of your rights and obligations.

Why Choose Us as Your Divorce Lawyer in New Brunswick

Choosing the right divorce lawyer is critical to achieving the best possible outcome. Here's why our clients trust us:

• Extensive Experience: Our divorce lawyers have successfully handled a wide variety of family law cases in New Brunswick.
• Client-Centered Approach: We offer personalized service and are committed to understanding your unique needs and goals.
• Proven Results: We have a strong track record of helping clients resolve their cases favorably, both through mediation and in court.

Get Your Confidential Consultation

If you are considering divorce or have been served with divorce papers, you’re probably confused and concerned about the future. Divorce is not easy. In fact, it can be one of the most emotionally draining experiences you’ll ever go through. Fortunately, you don’t have to sort it out alone. A local divorce lawyer can explain your rights and your options and help you make good decisions right from the beginning of your divorce case.

Contact Local Divorce Lawyers in New Brunswick:

Contact us today for a free consultation. We’ll review your case, explain your rights, and discuss your legal options. Call 1-877-668-9386 or fill out our Instant Free Consultation Request Form to speak with one of our experienced divorce lawyers.

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Additional Resources for Family Law in New Brunswick

• 2020, c.23 - Family Law Act: Link
• Department of Justice Canada - Family Law Website: Link
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) - Family Law Publications: Link
• Law Society of New Brunswick - Family Law Resources: Link
• Canadian Bar Association - Family Law Section (New Brunswick Branch): Link
• Court of King’s Bench of New Brunswick - Family Division: Link