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Divorce Process in Manitoba, Canada
Divorce Process in Manitoba, Canada
Filing for Divorce in Canada:
The federal Divorce Act governs divorce in Canada, but the documents and procedures used differ for each province and territory.
The Divorce Process:
- Make the decision to divorce or separate from your spouse.
- Obtain a divorce application through a lawyer, court office, or family law information center. Keep in mind that forms and documents differ from one province to the next.
- Fault or No Fault divorce?
- No Fault divorces require a one year separation period.
- Fault divorces require evidence to support your claims, and it is recommended you retain legal representation. They are sought when adultery or cruelty are grounds for the divorce.
- Contested or uncontested divorce?
- Contested divorces are when partners cannot agree on the terms of the divorce. Both spouses are required to file separate divorce applications.
- Uncontested divorces are when both partners agree to the terms of the divorce. Uncontested divorces require only one application.
- If children are involved in the divorce, a parenting agreement, and an outline for child custody and child support will need to be outlined. For a contested divorce, each spouse will supply their preferences for parenting arrangements. For an uncontested, simply outline your agreed upon arrangements.
- File your divorce application(s) through your lawyer or at the courthouse in your province/territory.
- Wait for clearance of your divorce application from the Divorce Registry in Ottawa. Once divorce papers are served, you have 30 days from the day they are served to respond to the Divorce Application.
- If after 30 days there is no response filed by your spouse, you can finalize your divorce by submitting your Affidavit for Divorce, Divorce Order, and Clerk’s Certificate.
- A judge will review your documents and if satisfied, they will grant you a Divorce Order.
- Obtain your Certificate of Divorce within 30 days after it is granted. Then you are legally divorced and entitled to remarry.
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