Divorce Residency Essentials to Get Divorce in Manitoba
In Manitoba, the filer is called the petitioner, and the defendant is called the respondent. Either party can file divorce, or both spouses can file together as “co-petitioners.” An uncontested divorce in Manitoba is what is referred to as an affidavit divorce, but it simply means 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 the children reside will make the process easier and more streamlined. This may even be required.
Presentation of the marriage certificate is a requirement for divorce in Manitoba. If neither party has the original certificate, a copy can be ordered by contacting the Vital Statistics Agency. You do not need to wait to receive this before beginning the filing process with OnlineDivorceSolutions.com.
Canada passed the Divorce Act in 1986. This is a country-wide act that sets out the grounds for divorce. It offers both at-fault and no-fault divorce grounds and covers the basis for spousal and child support as well as custody. However, distribution of property and debts are covered under the individual laws of each province or territory.
OnlineDivorceSolutions.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 the separation agreement, you and your spouse will need to have reached a full agreement on all property and debt issues. If you cannot reach an agreement, you will need to contact an attorney.
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 year has passed. 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. This is not usually questioned.
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. These grounds don’t have a waiting period but may be more difficult to establish. It may 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 something 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 and there is some mechanism utilized to divide it. An agreement must be met in this area for spouses to utilize OnlineDivorceSolutions.com for an online divorce.