Manitoba

Divorce Residency Requirements To Get Divorce In Manitoba

In Manitoba, the filer is called the petitioner, and the defendant is called the respondent. Either spouse can file for divorce, or they can file together as co-petitioners. An uncontested divorce in Manitoba, referred to as an affidavit divorce, means simply that both spouses agree on the terms of the divorce.

When filing divorce forms in Manitoba, you should file in the city, county, or municipality where either of the petitioners lives. If there are children involved in the case, filing where they live will make the process easier and more streamlined, and may be required.

In Manitoba, the marriage certificate is required to complete a divorce. If neither party has the original copy, one can be obtained by contacting the Vital Statistics Agency. However, you do not need to wait to receive this certificate before beginning the filing process with Divorce.com.

The Divorce Act of Canada, passed in 1986, established the potential grounds for divorce. It offers both fault and no-fault divorce grounds and covers the basis for spousal and child support, as well as child custody. However, distribution of property and debts are covered under the laws of each province or territory.

Divorce.com provides all documents needed to file a divorce online under the Divorce Act. We also offer the separation agreement, which will cover both property and debt issues. To process this, both spouses will need to have reached a full agreement on all property and debt issues.

Residency Requirements For Online Divorce In Manitoba

You can file for divorce in any province or territory where either spouse has lived for the last year. If children are involved in the case, you’ll need to file where the children live.

Reasons For Divorce In Manitoba

There are three different grounds for divorce in Canada. They are as follows:

• Separated and Living Apart for At Least One Year: This is a no-fault judgment. The divorce may be filed before the year has passed, but a decision won’t be issued until the spouses have been separated and living apart for one year. It is possible for spouses to live separately in the same home, as long as at least one of the spouses intends for there to be separation and there is a manner of separation. Usually there is no question in this type of situation.
• Adultery
• Cruelty

The second and third grounds are only available to the filing spouse, meaning that the one who committed the act cannot be the one who requests a divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period but may be more difficult to establish. It may also be impossible to utilize one of those grounds when filing a joint petition.

Property Distribution In Manitoba

Because questions of property and debt division are covered by territorial or provincial law, these issues will vary from case to case. It is generally recognized that property obtained during a marriage is shared between spouses and there is some mechanism utilized to divide it. An agreement must be met in this area for spouses to utilize the online uncontested divorce services of Divorce.com.