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Guide to Uncontested Divorce in Prince Edward Island

December 23, 2025

Uncontested / Simple Divorce in Prince Edward Island: A Plain English Guide to Form 70A, Form 70A*, Desk Divorce, and the Form 70B Trap

If you and your spouse agree that the marriage is over and you want to avoid a long, expensive court battle, an uncontested divorce in Prince Edward Island (often called a “simple divorce”) is usually the most straightforward way to legally end your marriage.

In PEI, many uncontested cases can be completed as an Uncontested Divorce (Desk Divorce), meaning a judge may review your file in chambers based on sworn documents, without a hearing, as long as your paperwork is complete and any arrangements for children are reasonable.

Important disclaimer: PlainDivorce is not a law firm and does not provide legal advice. This article is general legal information only. Court rules, forms, and fees can change over time, and every family is different. Always confirm details with the Supreme Court of Prince Edward Island (Family Section) or a PEI family lawyer/legal clinic before you act.

Table of Contents

uncontested divorce in Prince Edward Island

1. What is an uncontested or simple divorce in Prince Edward Island?

In everyday language, an uncontested divorce in PEI is a divorce where the court does not have to decide a fight between spouses. Typically:

  • both spouses agree the marriage is over, and
  • no one is asking the court to resolve a live dispute at a hearing or trial (especially about children or support), and
  • either you file together (joint), or one spouse files and the other does not oppose.

Divorce in PEI is granted under Canada’s Divorce Act, but the process and forms are handled by the Supreme Court of Prince Edward Island (Family Section). In many uncontested cases, the judge can decide the matter as a Desk Divorce based on sworn documents.

2. The “Joint Petition” advantage (and the Form 70B counterpetition trap)

The single biggest PEI “insider” advantage for cooperative couples is filing a Joint Petition for Divorce.

CRITICAL WARNING: Many DIY guides and templates confuse PEI form numbers. Form 70B is a Counterpetition. If a couple files Form 70B thinking it is a “Joint Petition,” they are effectively filing a response-style pleading, which can create confusion and delays.

For a cooperative joint filing, the safer path is to use the Joint Petition for Divorce (Form 70A*) so both spouses sign and you usually avoid the service step.

Process flow: Joint Petition (Form 70A*) or Sole Petition (Form 70A) → Service (sole cases) → Desk divorce review → Divorce judgment.

Download Our Prince Edward Island Uncontested Divorce (Dissolution) Self-Help Kit

3. Who qualifies for an uncontested divorce in PEI?

Residency requirement

Under the Divorce Act, a PEI court can grant a divorce if you or your spouse has lived in Prince Edward Island for at least one year immediately before starting the divorce case.

Grounds for divorce

Canada has one legal ground for divorce: breakdown of the marriage. Most uncontested cases rely on one-year separation because it is the simplest fit for a Desk Divorce file.

When your case is a good fit for uncontested / simple divorce

  • At least one spouse meets the 1-year PEI residency rule.
  • You can rely on one-year separation (or will have reached it by the time the judge grants the divorce).
  • You both agree the marriage is over.
  • There is no active dispute that would require a contested hearing.

If you have children, the court will look closely at whether reasonable child support arrangements are in place, even in an uncontested file.

4. PEI insider forms: Form 70A, Form 70A*, Form 70B, 70I series, and Form 70S

These PEI form names and numbers are “authority signals” that separate a truly local guide from generic Canadian content:

  • Petition for Divorce (Form 70A): the initiating document for a sole (one-spouse) divorce filing.
  • Joint Petition for Divorce (Form 70A*): the cooperative joint version, signed by both spouses.
  • Counterpetition (Form 70B): not the joint form. This is used in a response/counter style situation and is a common DIY mistake.
  • Answer (Form 70D): a response form (this is also why calling “70D” a financial statement is incorrect).
  • Financial Statements (70I series): common income/expense/property disclosure forms, including Form 70I(a) (Income), Form 70I(b) (Expenses), and Form 70I(d) (Property), where required for support-related review.
  • Requisition to Note Default and Notice of Motion for Judgment (Form 70O): a procedural “move the file forward” document often seen in sole, uncontested situations.
  • Petitioner’s Affidavit on Motion for Judgment (Form 70P): the sworn evidence commonly used to request a Desk Divorce judgment.
  • Divorce Judgment (Form 70S): the final judgment the judge signs to grant the divorce.
  • Certificate of Divorce (Form 70T): the official proof document often needed for remarriage.

Forms checklist: Form 70A (sole) or Form 70A* (joint) + affidavit evidence + any required Form 70I financial disclosure + Form 70S + Form 70T (request).

Note: Your exact form stack can vary depending on whether you are filing jointly, whether you have children, and what you are asking the court to include. Always use current PEI court forms and registry instructions.

5. Step-by-step overview: Joint vs. Sole + Desk Divorce workflow

Below is a plain English overview of a typical uncontested path through the Supreme Court of Prince Edward Island (Family Section). Service methods and supporting documents depend on your situation.

Step 1 – Choose Joint or Sole (this choice affects service)

  • Joint Petition for Divorce (Form 70A*): best when you can cooperate. This often avoids service entirely.
  • Petition for Divorce (Form 70A): used when only one spouse is filing. This usually requires service and proof of service.

Step 2 – Prepare your evidence (affidavits and required attachments)

Even in an uncontested case, the court needs sworn evidence. In many PEI Desk Divorce files, this includes affidavit evidence supporting the request for judgment (often at the “motion for judgment” stage).

Step 3 – File at the court registry and keep your file number

Once forms are complete, you file at the appropriate court registry, pay the filing fee, and receive a file number. Keep stamped copies for your records.

Step 4 – Serve your spouse (sole cases only)

If you filed a sole Petition (Form 70A), you generally must serve your spouse and then file proof of service. Service mistakes are one of the most common reasons DIY divorces stall.

Step 5 – Move the file to Desk Divorce judgment (uncontested finish)

Once the file is truly uncontested, you typically submit the final paperwork package so the judge can review the case on the paperwork. In a sole file, this often includes procedural documents and a final affidavit package requesting judgment.

Step 6 – Judge signs the Divorce Judgment, then you track the 31-day period

If the paperwork is complete and any child support arrangements are reasonable, a judge may issue the Divorce Judgment. In most Canadian divorces, the divorce usually becomes effective after the 31-day appeal period (assuming no appeal).

After the divorce takes effect, you can request a Certificate of Divorce if you need official proof (for example, to remarry).

6. Special issues when you have children

If you have children, the court’s focus is the children’s best interests and child support. Even in an uncontested file, the judge can delay granting the divorce if support details are unclear or appear unreasonable.

  • Parenting: clearly explain where the children live, parenting time, and how major decisions are made.
  • Child support: the court generally expects support to align with the Child Support Guidelines (or have a clear, reasonable explanation for any difference).
  • Financial disclosure may be required: in child-related files, the court may require income and expense disclosure. In PEI, the common financial statement forms are in the 70I series (such as 70I(a) and 70I(b)).

7. How long does an uncontested divorce take in PEI?

Most people should plan around three time components:

  • One-year separation: the most common ground for divorce.
  • Court processing time: varies depending on workload and whether your documents are complete.
  • 31-day appeal period: after the Divorce Judgment is issued, the divorce typically becomes effective after 31 days.

In a well-prepared, cooperative case (especially using the joint route), many people can complete the court portion in a few months. Delays are common if service is difficult or the court requests corrections.

8. What does an uncontested divorce cost in PEI?

Costs usually fall into three buckets:

  • Court fees: filing fees and certificate fees can change. Always verify current amounts and payment methods with the court registry before you file.
  • Service costs (sole cases): if you must serve your spouse, you may pay a process server and incur document handling costs.
  • Swearing and printing: commissioner/notary fees for affidavits, plus printing and copying.

Cost saver in PEI: filing jointly can reduce costs because it typically removes the need for a process server and reduces service-related delays.

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

A DIY uncontested divorce is usually not a good fit if there are safety concerns, serious power imbalances, hidden assets, complex finances (businesses, pensions, multiple properties), or major disagreements about children or support. In those situations, legal advice can prevent long-term harm.

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

If your case is truly uncontested, a PEI-focused self-help kit is most valuable for keeping your file Desk Divorce ready:

  • choosing the correct starting path: Form 70A (sole) vs Form 70A* (joint),
  • organizing your evidence and sworn documents,
  • preventing common delays (missing signatures, inconsistent dates, unclear children or support info), and
  • understanding the finish line: the court’s final judgment and how to request proof if needed.

Download Our Prince Edward Island Uncontested Divorce Self-Help Kit

PlainDivorce is not a law firm. A kit is an organization and information tool, not legal advice, and you must still confirm you are using current PEI forms, rules, and fees.

11. FAQ

What is an uncontested or simple divorce in Prince Edward Island?

It’s a divorce where the Supreme Court of Prince Edward Island (Family Section) does not need to hold a contested hearing or trial. Many PEI cases can be granted as a Desk Divorce using sworn documents.

What is the safest “joint filing” form number to know in PEI?

For cooperative couples, the joint filing route is the Joint Petition for Divorce (Form 70A*). A common mistake is confusing this with Form 70B, which is a Counterpetition.

What is the final document the judge signs in PEI?

The final court document granting the divorce is the Divorce Judgment. After it takes effect, you can request a Certificate of Divorce if you need official proof.

When is the divorce effective?

In most cases, the divorce becomes effective after the 31-day appeal period following the divorce judgment, assuming no appeal.

12. Final thoughts and next steps

If you want the smoothest uncontested path in PEI, focus on the PEI-specific needle movers:

  • Use the correct court name: Supreme Court of Prince Edward Island (Family Section).
  • Avoid the dangerous mix-up: Form 70A* is the joint petition route, while Form 70B is a counterpetition.
  • Make your file Desk Divorce ready: clear sworn evidence and complete child support information when children are involved.
  • Plan for the finish line: judgment, the 31-day period, and requesting proof if needed.

Final reminder: this guide is legal information only, not legal advice. If you have safety concerns, complex assets, or unresolved parenting or support issues, speak with a PEI family lawyer or legal clinic before filing.

About Harry D

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