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The decision to get a divorce is usually difficult and stressful. Now that you have reached this point, though, you are ready to move forward as quickly as you can. Fortunately, filing for divorce in Manitoba is fairly straightforward, especially if you are seeking an uncontested divorce – one where you and your spouse agree on all terms of the divorce, including issues of property division, child support and child custody. If you qualify, you likely just need to complete the required divorce papers for Manitoba and submit them to the local court. CompleteCase.com can make the divorce process in Manitoba even easier. With our online divorce paper preparation service you’ll know you are filling out the right forms in the right way, saving you time, unnecessary costs and stress.
If you and your spouse are struggling to come to equitable terms, you may want to consider divorce mediation. If you’re situation if complex you may need to solicit professional legal advice.
The following information will help you understand the basics of filing for divorce in Manitoba, allowing you to move forward with your own divorce.
Data provided by Statistics Canada in 2008 indicates the divorce rate in Manitoba was 18.6 for every 10,000 residents. This rate places Manitoba at the lower end of divorce rates among the different provinces and territories. Manitoba requires that either you or your spouse have lived in the province for a year before you are allowed to file for divorce.
Manitoba only grants divorce when you can demonstrate the breakdown of the marriage. You can demonstrate this in one of three ways – by proving adultery, extreme cruelty or by living apart for a year due to the breakdown of the marriage. You can still reside in the same house if necessary for financial reasons or for the benefit of children, as long as you can state that you were not together for the period of the year.
The specific divorce divorce papers you’re required to complete in Manitoba will vary depending on your circumstances. Some of the common divorce forms include the “Petition for Divorce”, the “Affidavit for Divorce of Service” and the “Affidavit of Petitioner's Evidence”. You can order forms from the Manitoba Courts website for a fee, but you will need to make sure you request the right forms for your situation.
For many people, the process of trying to determine which forms to use and how to fill them out correctly is intimidating. You do not want to submit the wrong forms or incorrectly completed forms, because doing so can lead to considerable delays in your divorce.
When you use CompleteCase.com, you can avoid all of the confusion and uncertainty. The easy online service will help you determine exactly what Manitoba divorce forms you need, and ensure that you fill them out right the first time. You can move forward with confidence, knowing you have submitted everything necessary to successfully apply for divorce.
When you have completed all of your divorce forms online or otherwise, you will need to file them at the nearest Court of Queen's Bench. The listed price for filing is $150, although it is always advisable to check with the court before you arrive to file your documents, as prices are subject to change.
Before you go to file your divorce papers, make at least two copies of each document. You will need one for your records, one for the court and one to serve to your spouse. After you have have filed the documents and paid the fee, the court clerk will inform you of what you need to do next. These instructions can vary depending on your circumstances. Unless you filed jointly with your spouse, the clerk will tell you to serve the divorce documents to your spouse to complete the filing process.
When you “serve” divorce papers you are simply providing copies to your spouse so he or she is made aware of the court proceedings. Serving court documents is an important part of the legal system, ensuring that everyone involved has a chance to be heard by the court.
The Manitoba courts do not allow you to serve divorce documents to your spouse in person. You have two options to serve the papers – asking a friend or relative to do it, or hiring a private process server. If you ask a friend you need to make sure he or she is over 18 years of age, and not involved in the divorce. If you hire a private process server, you will need to pay the required fee for the service.
Asking a friend or family member is less expensive than hiring a private process server, but there are advantages to the private process server. Because you are hiring a professional, the service is likely to happen in a timely manner. Usually a private process server will make several attempts for the single fee.
When your spouse has been served, he or she has the opportunity to respond to the court and dispute the documents. If your spouse does dispute the documents, you can expect the court to require a hearing where you both present your arguments in front of a judge. If this happens, you should be prepared for the divorce to take some time to complete. The court will need to decide on each of the contested issues, which can take months and sometimes years, depending on the complexity of the issues.
If you and your spouse are in agreement on all issues, the divorce can be completed in a short period of time, often as little as a few months. Once the divorce has been granted, you can order a Certificate of Divorce for a fee.