Guide to Uncontested Divorce in Prince Edward Island

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.

TL;DR: Uncontested Divorce in PEI at a Glance

Short on time? Here’s the fast version of this guide to uncontested divorce in Prince Edward Island, before you dive into the full detail below.

• Cooperative couples should file the Joint Petition for Divorce (Form 70A*). If you’ve been searching for “Joint Petition for Divorce Form 70B,” that’s a mix-up — Form 70B is actually the Counterpetition, a response-style pleading.
• PEI’s sworn evidence for a Desk Divorce is the Petitioner’s Affidavit on Motion for Judgment (Form 70P). Searches for an “Affidavit of Applicant PEI divorce” won’t find a match here — PEI’s Rule 70 uses “petitioner,” not “applicant,” which is terminology from other provinces.
• The document the judge actually signs is the Divorce Judgment (Form 70S). If you searched “Divorce Judgment Form 70O,” note that Form 70O is the Requisition to Note Default and Notice of Motion for Judgment — the paperwork that requests judgment, not the judgment itself.
• Court filing fee: $100 for the petition, $35 for a marriage certificate from PEI Vital Statistics. Filing jointly usually avoids service costs.
• The divorce becomes effective 31 days after judgment, assuming no appeal.
• Every current, official PEI divorce forms pdf is posted on the Courts of PEI forms page — always confirm you’re using the latest version before filing.

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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 runs through the Supreme Court of Prince Edward Island (Family Section), governed locally by Rule 70 (Divorce Actions) of the PEI Rules of Civil Procedure. In many uncontested cases, the judge can decide the matter as a Desk Divorce based on sworn documents rather than a court appearance.

This guide focuses specifically on uncontested divorce in Prince Edward Island — not generic Canadian divorce information — because PEI’s own Rule 70 forms and registry practices are what actually determine whether your file qualifies for a Desk Divorce.

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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. Under Rule 70.03(1) and 70.06(2), Form 70B is a Counterpetition — the document a respondent uses to bring their own claims into someone else’s divorce action. 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. If you searched “Joint Petition for Divorce Form 70B” to get here, this is exactly the mix-up to avoid: 70B is not a joint filing form.

For a cooperative joint filing, the correct path is the Joint Petition for Divorce (Form 70A*) — this is the actual title used on the Courts of PEI forms registry for the joint variant of Form 70A. Both spouses sign it, and under Rule 70.03(7) spouses may commence the action jointly without a respondent, which usually means you avoid the service step entirely.

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

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

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3. Who qualifies for an uncontested divorce in PEI?

Before you start preparing paperwork, it helps to confirm you actually qualify for an uncontested divorce in Prince Edward Island — the residency and separation rules below are the two gatekeepers.

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 — the court just needs to confirm you were separated at the start of the case and have lived apart for at least a year by the time judgment is granted.

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.

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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. Every form and rule number below is taken directly from Rule 70 of the PEI Rules of Civil Procedure and the Courts of PEI forms registry:

• Petition for Divorce (Form 70A): the originating document for a sole (one-spouse) divorce filing.
• Joint Petition for Divorce (Form 70A*): the cooperative joint version, signed by both spouses, filed without a respondent.
• Counterpetition (Form 70B): not the joint form. This is used when a respondent brings their own claims into the case and is a common DIY mistake.
• Answer (Form 70D): the response form filed by a respondent who wishes to oppose something in the petition (this is also why calling “70D” a financial statement is incorrect).
• Financial Statements (70I series): the income/expense/property disclosure forms, made up of four parts — Form 70I(A) (Statement of Income), Form 70I(B) (Statement of Expenses), Form 70I(C) (Statement of Special or Extraordinary Expenses — for things like childcare, medical, or extracurricular costs claimed on top of base child support), and Form 70I(D) (Statement of Property), used where required for a support or property review.
• Waiver of Financial Statements (Form 70J): lets both spouses waive financial disclosure for a spousal support claim (this waiver is not available for claims under the Family Law Act).
• Requisition to Note Default and Notice of Motion for Judgment (Form 70O): the procedural “move the file forward” document used to note a non-responding spouse in default and ask for judgment in a sole, uncontested case. If you searched “Divorce Judgment Form 70O,” this is the form that requests judgment — the judgment itself is Form 70S below.
• Petitioner’s Affidavit on Motion for Judgment (Form 70P): the sworn evidence used to request a Desk Divorce judgment — it must cover residency, separation dates, parenting and support arrangements, and confirm there’s no possibility of reconciliation. Note: some searchers look for an “Affidavit of Applicant PEI divorce” using “applicant” terminology borrowed from other provinces — PEI’s Rule 70 uses “petitioner,” so Form 70P is the document you actually want.
• 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, issued once you file a Requisition (Form 70U) with a supporting Affidavit (Form 70V) confirming the appeal period has passed with no appeal.

Forms checklist: Form 70A (sole) or Form 70A* (joint) + a marriage certificate from PEI Vital Statistics + affidavit evidence (Form 70P) + any required Form 70I financial disclosure + Form 70O (sole, uncontested cases) + Form 70S + Form 70U/70V to request Form 70T once the divorce takes effect.

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. Every current, official PEI divorce forms pdf is posted on the Courts of PEI forms page — always download the latest version and confirm registry instructions before filing.

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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 personal service (or an accepted alternative under Rule 16) and proof of service, generally within six months of the petition being issued.

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

Even in an uncontested case, the court needs sworn evidence, plus a certificate of your marriage from PEI Vital Statistics (or the equivalent from another jurisdiction) filed before the petition is issued. In a sole, uncontested file, the key evidence document is the Petitioner’s Affidavit on Motion for Judgment (Form 70P), filed at the “motion for judgment” stage.

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

Divorce actions are filed with the Supreme Court of Prince Edward Island (Family Section). The main registry is at the Sir Louis Henry Davies Law Courts, 42 Water Street, PO Box 2000, Charlottetown, PE C1A 7N8 (902-368-6000). Confirm with the registrar which office should receive your specific filing, pay the filing fee, and keep your stamped copies and file number for your records.

Step 4 – Serve your spouse (sole cases only)

If you filed a sole Petition (Form 70A), you generally must have someone other than you serve your spouse personally (or by an accepted alternative), 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, a sole petitioner combines a requisition to note the respondent in default with a notice of motion for judgment (Form 70O), then submits the Petitioner’s Affidavit (Form 70P) and any required financial disclosure so the judge can review the case on the paperwork rather than at a hearing.

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 (Form 70S). In most Canadian divorces, the divorce becomes effective after the 31-day appeal period (assuming no appeal is filed).

After the divorce takes effect, you can file a Requisition (Form 70U) with a supporting Affidavit (Form 70V) confirming no appeal is pending, and the registrar will issue a Certificate of Divorce (Form 70T) if you need official proof (for example, to remarry).

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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 — the petition itself must name and give the birth date of every child of the marriage.
• Child support: the court generally expects support to align with the Federal 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 financial statement forms are the 70I series: 70I(A) Income, 70I(B) Expenses, 70I(C) Special or Extraordinary Expenses (childcare, medical/dental beyond insurance, tutoring, extracurriculars), and 70I(D) Property.

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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 — see section 9 below for the most common causes.

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8. What does an uncontested divorce cost in PEI? (real fee numbers)

Understanding the real, sourced cost of an uncontested divorce in Prince Edward Island starts with the court’s own fee schedule, not guesswork.

Unlike a lot of generic divorce content, these are the actual fees set out in PEI’s Court Fees Act Fees Regulations (Family Section schedule) and the PEI Vital Statistics fee schedule, current as of July 2026. Fees are set by regulation and can change, so verify the current amount before you pay.

• Petition for Divorce filing fee: $100.
• Filing an Answer (no counterpetition): $50.
• Filing an Answer that includes a counterpetition or a request for divorce by the respondent: $50.
• Marriage certificate from PEI Vital Statistics (needed to file with your petition): $35.
• Federal Central Registry of Divorce Proceedings search: the court cannot grant judgment until it receives a certificate/report on prior pending proceedings from this federal registry; a modest search fee applies. Confirm the current amount with the registry when you file.
• Service costs (sole cases): if you must serve your spouse, a process server’s fee is set by the provider, not the court, and varies.
• Swearing and printing: commissioner/notary fees for affidavits, plus printing and copying.

Cost saver in PEI: filing jointly (Form 70A*) removes the need for a process server and reduces service-related delays, and it avoids the extra fee tier that applies when an answer includes a counterpetition.

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9. Common reasons uncontested files stall or get rejected

Rule 70.19(5) spells out exactly what a petitioner’s affidavit on motion for judgment (Form 70P) must cover. Most Desk Divorce delays trace back to one of these gaps:

• Missing marriage certificate: the court cannot proceed without a certificate from Vital Statistics (or equivalent), unless the affidavit explains why it’s impossible to obtain one.
• Unclear separation dates: the affidavit must show you lived separate and apart for at least one year before judgment, and were already separated when the case started.
• Incomplete parenting or support details: vague or missing information about parenting time, decision-making, or child support amounts is one of the most common reasons a judge sends a file back for more information.
• No stated respondent address: the affidavit must give the respondent’s last known address and how you know it, since that’s where the judgment will be sent.
• Missing financial disclosure: where support or property is in issue, incomplete 70I-series statements can stall a motion for judgment.
• Service problems: serving the petition yourself (instead of having someone else do it), missing the six-month service window, or failing to file proof of service.

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10. 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.

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11. 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, including the right 70I-series financial statements if support or property is involved,
• preventing common delays covered in section 9 (missing signatures, inconsistent dates, unclear children or support info), and
• understanding the finish line: the court’s final judgment and how to request proof (Form 70T) 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.

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12. 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. In short, an uncontested divorce in Prince Edward Island lets you skip a contested trial entirely.

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 (Form 70S). After it takes effect, you can request a Certificate of Divorce (Form 70T) 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.

How much does an uncontested divorce actually cost in PEI?

The court filing fee for a Petition for Divorce is $100, and a marriage certificate from PEI Vital Statistics costs $35. Beyond that, costs depend on whether you need to serve your spouse (sole cases) and whether you hire help — a joint petition avoids service costs entirely. See section 8 for the full breakdown.

Why would an uncontested file still get delayed?

Most delays come from incomplete affidavit evidence — missing marriage certificates, unclear separation dates, vague parenting or support details, or service errors. Section 9 lists the most common causes so you can avoid them.

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13. Final thoughts and next steps

If you want the smoothest path to an uncontested divorce in Prince Edward Island, focus on the PEI-specific needle movers below.

• 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, a filed marriage certificate, and complete child support information when children are involved.
• Budget realistically: a $100 petition fee, a $35 marriage certificate, and — for sole filings — service costs.
• Plan for the finish line: judgment (Form 70S), the 31-day period, and requesting proof (Form 70T) 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.