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Guide to Uncontested Divorce in Nova Scotia

December 23, 2025

Uncontested / Simple Divorce in Nova Scotia: A Plain English Guide to Form 59.46 and the Uncontested Motion (59.44)

If you and your spouse agree your marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Nova Scotia can be the most straightforward path. The key is using the Supreme Court of Nova Scotia terminology and forms that the registry and judge expect.

Here is the main “insider” takeaway for Nova Scotia DIY filers: the most cooperative route is usually the Joint Application for Divorce (Form 59.46), because it often lets couples skip service of process. And even when your case is fully uncontested, you typically still file an Uncontested Motion for Divorce (Form 59.44) to get the file in front of a judge so the final Divorce Order (Form 59.48A) can be signed.

Important disclaimer: PlainDivorce is not a law firm. This guide is general legal information, not legal advice. Court rules, forms, and fees can change. Always confirm details with official Nova Scotia court resources (or a Nova Scotia lawyer or legal clinic) before you file.

Table of Contents

uncontested divorce in Nova Scotia

1. What is an uncontested or “simple” divorce in Nova Scotia?

Divorce in Canada is governed by the federal Divorce Act, but the process and forms are handled provincially. In Nova Scotia, divorces are granted by the Supreme Court of Nova Scotia.

An uncontested divorce generally means:

  • the spouses agree the marriage has broken down (most commonly after one year of separation),
  • no one is asking the judge to hold a trial to resolve disputes, and
  • parenting, child support, spousal support, and property and debt issues are already settled (often in an agreement) or are not being fought in court.

People often say “simple divorce” to describe this kind of cooperative, paperwork based case. But the court will not grant a divorce just because you both agree. You still must file the correct Nova Scotia forms, provide sworn evidence, and follow the steps so a judge can sign the final Divorce Order (Form 59.48A).

Download Our Nova Scotia Uncontested Divorce (Dissolution) Self-Help Kit

2. Who qualifies for an uncontested divorce in Nova Scotia?

Residency requirement

Typically, either you or your spouse must have lived in Nova Scotia for at least one year immediately before starting the divorce case.

Grounds for divorce

Canada has one legal basis for divorce: breakdown of the marriage. Most uncontested cases rely on one year separation because it is the simplest to prove in a paperwork driven process.

When your case is a good fit for uncontested

  • You are legally married and can provide proof (marriage certificate).
  • You meet the Nova Scotia residency rule.
  • You have been separated long enough (or will be by the time the judge signs).
  • You and your spouse agree on the major issues (or have them addressed in an agreement or order).
  • You can prepare consistent, complete paperwork (this is where many DIY delays happen).

If there is family violence, coercion, hidden assets, serious parenting conflict, or complex finances (businesses, multiple properties, large pensions), it is smart to get legal advice before relying on a DIY uncontested approach.

3. The key Nova Scotia forms people ask about

Nova Scotia divorce paperwork uses rule based form numbers. These are the local “authority signals” that help DIY filers stay aligned with what the registry expects:

  • Joint Application for Divorce (Form 59.46): the cooperative filing that often lets you skip service of process.
  • Petition for Divorce (Form 59.09): the starting form when filing alone (sole filing). This route usually requires service.
  • Uncontested Motion for Divorce (Form 59.44): the procedural request that tells the court the file is ready for a judge’s review without a trial.
  • Affidavit Supporting an Uncontested Divorce (Form FD12): your sworn evidence supporting the divorce.
  • Parenting Statement (Form FD2A): commonly required when children are involved. It is separate from your affidavit.
  • Statement of Contact Information and Circumstances (Form FD1): a required form where you list contact and service information.
  • Divorce Order (Form 59.48A): the final order signed by the judge granting the divorce.
  • Corollary Relief Order (Form 59.48B): may be used if the court order includes parenting, child support, spousal support, or other corollary terms.

Nova Scotia forms checklist (plain text): Most uncontested cases use either Form 59.46 or Form 59.09 (depending on your filing route), plus FD1 and FD12. If you have children, you will usually also need FD2A. Toward the end, you typically prepare Form 59.44, Form 59.48A, and sometimes Form 59.48B (if required for your situation).

Note: Your exact form stack depends on whether you file jointly or alone, whether there are children, and what you want included in the final order. Always use the current Nova Scotia court forms and instructions.

4. Step by step: Joint vs. Sole uncontested divorce process

Below is a plain English overview. Always follow the latest court instructions for your exact situation.

Nova Scotia process flow (plain text): You generally have two starting paths: Joint Application (Form 59.46) (you file together) or Sole Petition (Form 59.09) (one spouse files). If you file a Sole Petition, you must complete service on the other spouse and file proof of service. After the case is ready to be decided without a hearing, you typically file the Uncontested Motion (Form 59.44) with your supporting documents so the court can review the paperwork and issue the divorce order (if everything is in order).

Before you file: two common rejection traps

  • Proof of marriage: the registry often requires the Registration of Marriage (long form) rather than a wallet size certificate. If you do not have the right proof, order it before you file.
  • If you have children: do not assume your affidavit is enough. Children often trigger additional required disclosure and parenting paperwork.

Route A: Joint Application for Divorce (Form 59.46)

  • Step 1: Confirm eligibility (residency, separation, agreement on issues).
  • Step 2: Prepare and file the Joint Application for Divorce (Form 59.46) with proof of marriage.
  • Step 3: File required supporting forms, including Form FD1 and your sworn evidence (often Form FD12).
  • Step 4 (children): If children are involved, include the required child related paperwork, which often includes Form FD2A.
  • Step 5: File the Uncontested Motion for Divorce (Form 59.44) so the file is sent for judicial review.
  • Step 6: If satisfied, the judge signs the Divorce Order (Form 59.48A) (and, if needed, a Form 59.48B order for corollary relief).

Route B: Sole filing: Petition for Divorce (Form 59.09) + service + uncontested motion

If you file alone, you typically start with a Petition for Divorce (Form 59.09). In many DIY cases, this is where people get stuck: service must be done correctly, timelines must be respected, and the filing fee is higher than the joint route.

  • Step 1: Prepare and file the Petition for Divorce (Form 59.09) with proof of marriage.
  • Step 2: File required supporting forms, including Form FD1.
  • Step 3: Serve your spouse properly and file proof of service.
  • Step 4: If the matter remains uncontested, prepare sworn evidence (often Form FD12).
  • Step 5 (children): If children are involved, include the required child related paperwork, which often includes Form FD2A.
  • Step 6: File the Uncontested Motion for Divorce (Form 59.44) to request a judge’s review without a trial.
  • Step 7: Judge signs the Divorce Order (Form 59.48A) (and possibly 59.48B for corollary relief).

Practical tip: If you and your spouse can cooperate, the joint path can help you avoid service problems, which are a major cause of delay for DIY filings.

5. If you have children: the Parenting Statement (FD2A) is a common hard stop

Even in an uncontested divorce, the judge must be satisfied there are reasonable arrangements for child support and that the parenting plan is clear enough to understand what the children’s lives will look like.

Common hard stop: When children are involved, Nova Scotia often requires a standalone Parenting Statement (Form FD2A) (separate from your affidavit). If you submit the affidavit but omit required child related paperwork, the registry may refuse the file or require corrections before a judge will review it.

  • Parenting: where the children live, schedule, and how major decisions are made.
  • Child support: amounts that generally align with the Child Support Guidelines, with a clear explanation for any unusual arrangement.
  • Where to put what: parenting details typically belong in FD2A, while the core divorce evidence and timelines are covered in FD12.

If child support looks missing or unreasonably low without a clear explanation, a judge can delay granting the divorce until the issue is addressed.

6. How long does an uncontested divorce take in Nova Scotia?

There are three timeline pieces most people need to plan for:

  • Separation period: most cases rely on one year separation.
  • Court processing: varies by court workload and whether your forms are complete (missing child related forms or missing proof of marriage can cause delays).
  • 31 day appeal period: after the Divorce Order (59.48A) is signed, the divorce generally becomes effective after the standard appeal period, assuming no appeal is filed.

In practice, the fastest uncontested files are usually Joint Applications (59.46) with clean, consistent evidence and a properly filed Uncontested Motion (59.44).

7. What does an uncontested divorce cost in Nova Scotia?

Court fees depend on the route you use (joint vs sole) and may change over time. Nova Scotia publishes a fee table for services in the Supreme Court (Family Division), including divorce filings.

ItemFee (Approx.)
Joint Application for Divorce (by agreement)$218.05
Petition for Divorce$291.55 plus law stamp ($25 + HST)
Uncontested Motion for Divorce$66.00

Money saving tip: Joint filing is usually cheaper than the petition route. The petition route also includes a law stamp charge (and tax).

Other common costs can include service fees in sole cases (process server), commissioner or notary fees for swearing affidavits, printing and courier costs, and ordering the correct long form proof of marriage if you do not already have it.

8. When a DIY divorce might not be right for you

DIY is usually not a good idea if there is family violence, intimidation, serious power imbalance, hidden assets, complex pensions or property, or major parenting conflict. A low cost divorce is not worth it if you are giving up safety or long term financial stability.

9. Where a self-help divorce kit fits into the process

If your case is truly uncontested and you are comfortable with paperwork, a Nova Scotia specific kit can help you stay organized and avoid common DIY problems: missing supporting forms, using the wrong proof of marriage, and forgetting the motion that actually triggers judicial review.

A strong Nova Scotia kit is designed to help you:

  • choose the right path: Joint Application (59.46) vs Petition (59.09),
  • include required supporting forms such as Form FD1,
  • prepare sworn evidence properly (often FD12),
  • avoid child related delays (often including FD2A when children are involved), and
  • file the procedural trigger: Uncontested Motion for Divorce (59.44).

Download Our Nova Scotia Uncontested Divorce (Dissolution) Self-Help Kit

PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and you must still follow current court forms and official instructions.

10. FAQ

What is an uncontested or simple divorce in Nova Scotia?

It is a divorce where the spouses are not asking the court to resolve a dispute at trial. In Nova Scotia, uncontested files are commonly completed by using the correct filing route (often Joint Application, Form 59.46), providing sworn evidence (often FD12), filing required supporting forms (such as FD1 and child related forms when children are involved), and submitting an Uncontested Motion for Divorce (Form 59.44) so a judge can sign the Divorce Order (Form 59.48A).

What is the Parenting Statement (FD2A) and why does it matter?

Form FD2A is a separate Parenting Statement often required when children are involved. It matters because it is commonly expected as a standalone form, not just a paragraph inside your affidavit.

Do I really need the long form proof of marriage?

Many Nova Scotia filings require the Registration of Marriage (long form) rather than a wallet size certificate. If you are not sure what you have, confirm before filing so you do not lose weeks to a registry rejection.

Why do I need a motion if nobody is fighting?

Even when your case is uncontested, the judge will not automatically pick up the file. The Uncontested Motion for Divorce (Form 59.44) is the formal request that tells the court your file is ready for a judge’s review and signature.

What final document ends the marriage?

The judge signs a Divorce Order (Form 59.48A). If parenting or support terms are included as part of the court outcome, the court may also issue a Corollary Relief Order (Form 59.48B).

11. Final thoughts and next steps

If you want the smoothest DIY experience in Nova Scotia, focus on the four registry reality items that match how the court actually works:

  • Use the cooperative path where possible: Joint Application for Divorce (59.46) (often cheaper than a petition).
  • Bring the correct proof of marriage: Registration of Marriage (long form), not the wallet card.
  • If children are involved, do not skip required child related paperwork, which often includes FD2A.
  • Do not forget the procedural trigger: Uncontested Motion for Divorce (59.44).

Final reminder: this guide is legal information only, not legal advice. If anything about your situation feels unsafe, unfair, or unusually complex, talk to a Nova Scotia family lawyer or legal clinic before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.