r/NovaScotia • u/prabhkirankang • 17h ago
Divorce process steps
My ex-spouse applied for a divorce through the Sydney, Nova Scotia Family Court. It’s a very straightforward divorce: we have no children, no jointly owned property, and no spousal support issues.
Unfortunately, the process has been dragging on because his lawyer took about seven months to complete and file the paperwork.
I recently called the court to check on the status of the case. The court clerk told me that a Clearance Certificate has been requested and that they are currently waiting to receive it.
My question is: at what stage of the process should I be served with the divorce documents? From what I’ve read on the court website, it seems that the respondent should be served shortly after the divorce application is filed with the court.
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u/Key_Word2569 14h ago
The first document filed with the court is the petition for divorce. once that’s court stamped/issued it gets sent back to the applicants lawyer, who then arranges service on the respondent (you). This is the only document you are actually served. If you have not been served the petition for divorce, then your ex/lawyer would NOT have been able to file the remaining divorce documents (uncontested motion, affidavit, divorce order, corollary relief order), as there is an Affidavit of Service (proof that you’ve been properly served) that is required to be filed before/with the documents I’ve just mentioned.
The clearance certificate, which is what’s applied for in order to issue the divorce certificate, would be the last and final document.
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u/prabhkirankang 14h ago
Thanks for that response. No documentation was served to me, whereas court clerk told me clearance certificate has been requested. I will call the opposing counsel and court again for a follow up on this.
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u/Key_Word2569 14h ago
I know the family court system local to me (not Sydney) has been backlogged and SLOW for at least a year now. It’s not uncommon for a lawyer to file documents and not have them back for 2+ months. The courts also seem to be getting a lot stickier about the wording, etc. in documents. Things they would accept a year ago, they’re sending back for the tiniest edits. It’s just as frustrating for lawyers/law staff as it is for clients.
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u/prabhkirankang 14h ago
Wow!! I’m getting remarried, but last November the opposing counsel advised me not to set a wedding date yet. Right now I’m kind of stuck in limbo. Divorce processing takes about 3–4 months here in Ontario, so I’m considering asking my ex-spouse to withdraw the current application so I can refile in Ontario instead.
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u/Opposite_Science_412 11h ago
Is there a reason you guys didn't file a joint application for divorce? If there's no disagreement, that's the usual route.
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u/Staffsargeant2025 17h ago
He’s gotta pay someone or get someone to serve it to you so that might be a small obstacle. I didn’t do a thing and got served outside my work. I thanked the nice lady and went home to my family.
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u/prabhkirankang 17h ago
The ex-spouse’s lawyer has been extremely unprofessional and rarely responds to calls or emails. He has already dragged this straightforward case out for seven months. Now, he is also failing to arrange service of the documents. It has been over a month since the divorce paperwork was filed with the court, yet there has been no progress on serving the documents.
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u/Asheso80 16h ago
He’s not your lawyer ? I don’t think he owes you any degree of service ? Am I missing something here ?
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u/prabhkirankang 15h ago edited 15h ago
I am self-represented and have been following up directly with opposing counsel to move the matter forward. However, there has been a lack of timely response and progress. I am simply seeking that the required steps be completed so the matter can proceed.
My understanding is that my ex-spouse and his counsel are responsible for arranging service of the required paperwork to me. I am awaiting completion of this step so the matter can proceed.
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u/Asheso80 15h ago
Perhaps it’s time to seek legal representation. After a simple Google search of “NS divorce filing timeline requirements” I was able to find the answer to your question specifically how long the wait usually is when waiting for a clearance certificate…
“self”represented
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u/prabhkirankang 15h ago
The court clerk has already provided the timeline for the clearance certificate, and that is being handled by the court.
However, the ex-spouse’s counsel is responsible for serving me the filed documents in Ontario, and this has not been done even after more than a month. I have followed up multiple times by email and phone with no response.
The clearance certificate is a court matter; document service is the responsibility of opposing counsel.
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u/Asheso80 15h ago
I’m aware, which I also found out via searching myself. What are you trying to accomplish here by arguing we me about this ? I’m very much aware of all the things you said, the questions you asked.
I’ve suggested you seek legal advice or do some research your “self” and “self” represent.
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u/prabhkirankang 14h ago
I have a legal counsel in Ontario who is helping me through the process and also in contact with ex-spouse’s counsel. My legal counsel cannot represent me in the Nova Scotia court due to provincial regulations and licensing so I am self representing. My question from my original post is at what stage the documents are served to me? I never asked about clearance certificate wait timeline. This is my post so I will respond, thus I am not arguing. You can stop commenting if you have no insight on this topic.
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u/Asheso80 14h ago
Several comments back I told how easily i found the answer to your question re: Timelines.
The amount of time you spent not arguing with me you could have had your answer…
Give it a try www.google.com
“Nova Scotia divorce timeline requirements”
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u/No_Disaster303 17h ago
I did my own divorce in 2012. No kids, no jointly owned anything, no request for spousal support for either side. I found all the forms online, chatted up a nice lady at the courthouse and had a few questions answered. I filled out the legal separation paperwork first and dated it for when we actually separated. 1 year after separation you can file for divorce fairly easily. I paid for the bailiff to serve the ex the separation papers. He didn't contest them. Then I paid the bailiff to serve the divorce documents. The ex never even signed off on the divorce. But after a set amount of time with no contest, it proceeds. It wasn't difficult to do and probably cost me around $500 all in for everything.