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.