Separation/Divorce

Divorce

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Divorce is the legal process used to formally end a marriage. If you were married, you have to go through the court’s divorce process to end your marriage. There is no such thing as an ‘automatic divorce’ in Canada, no matter how long you have been separated from your spouse.

The Divorce Act is the law that covers all divorces in Canada. No matter which province or territory you are applying from, you use this law. There are other laws that may apply to you in your divorce too – for example, there are separate laws for dividing property, like Nova Scotia’s Matrimonial Property Act.

Generally speaking, the person applying for a divorce in Nova Scotia has to have been living in Nova Scotia for at least one year when they file their divorce documents to be allowed to file the divorce in Nova Scotia.

If you are not married, the information in this divorce section doesn't apply to you. If you were living with a partner, but not married to them, you may find helpful information under the 'Common law' section of this site.

You can click on the topics on the left-hand side of this page for more information on divorce. Frequently asked questions, or ‘FAQs,’ are where you will find answers to the questions people ask most about these topics.

For general information about divorce, click here.

For divorce forms:

If you are filing a divorce in Halifax, Sydney, or Port Hawkesbury, click here.

If you are filing a divorce in Amherst, Antigonish, Bridgewater, Digby/Annapolis, Kentville, Pictou, Truro or Yarmouth, click here.

 

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