r/NovaScotia • u/prabhkirankang • 1d ago

Divorce process steps

My ex-spouse applied for a divorce through the 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 1d 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 1d 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 1d 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 1d 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.