Manitoba Divorce Forms

File for divorce online in 1 hour or less with our court approved Manitoba divorce papers.

Manitoba Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide Manitabo Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Manitabo. Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.

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Divorce in Manitoba, Canada 

It is never easy to make the final decision to get divorced. Now that you have reached this point, the best thing to do is to make sure you go about the process in a quicker and less expensive manner. It’s a good thing the divorce process in Manitoba is straightforward enough, especially when it comes to uncontested divorces. You qualify for an uncontested divorce if there are no conflicts between you and your spouse regarding child custody, child support, or property division. In this case, you can personally take care of the required forms and submit them to the courts directly without the help of an attorney.

This is what our form preparation service is about. We help you prepare the right forms to make sure your divorce is completed the fastest and cheapest way possible.

If you find it difficult to come up with conditions that are favorable for both you and your spouse, a professional divorce mediator can help. This can help you ensure an uncontested divorce.

Below are more information that will help you understand what the divorce process looks like in Manitoba.

 

Manitoba Divorce Facts 

Based on the numbers from Statistics Canada, Manitoba had 18.6 divorces in every 10,000 residents in 2008. Compared to other Canadian provinces and territories, Manitoba has one of the lower divorce rates.

The Province of Manitoba only allows those who have lived in the province for at least a year to file for a divorce. As with other provinces, you can demonstrate the breakdown of your marriage through three acceptable grounds – extreme cruelty, adultery and living apart for at least a year.

If you plan on using the third reason for your divorce, remember that time spent in the same house can be counted, as long as you can both state that you have not been together for a year.

 

Manitoba Divorce Papers and Forms 

Depending on your circumstances, a different set of forms will be required. Some of the most common would be your “Petition for Divorce” or the “Affidavit for Divorce of Service”. The Manitoba Courts website allows you to order forms, but it can be confusing to figure out which specific forms you will need for your situation.

This is why we have put together a seamless process that will allow you to complete the right forms in the right way. This way, we can ensure that your divorce can be completed the fastest and cheapest way possible.

 

How to File Divorce Papers in Manitoba 

Once you have completed all the required forms, these would have to be filed at the nearest court. Although the listed price is $150, it is best that you call ahead to check if the price has changed.

Make sure you have 2 additional copies of the documents. Aside from the set you will be submitting to the court, you will need one to serve to your spouse, and one for your personal records. Once the forms are filed, the clerk of court will give you instructions on what the next steps will be. You would also have to serve the papers to your spouse, unless you have filed jointly, in which case there is no need to do so.

 

How to Serve Divorce Papers in Manitoba 

Serving divorce papers simply means giving your spouse a copy of the papers. This gives the other party the chance to respond to, or contest the process.

Serving the papers in person is not allowed. You may, however, ask a family member or a friend over the age of 18 to do this for you. You can also hire a private process server to do this for you at a price. Note that the paid service will deliver the papers in a timely manner, and will only charge a single fee regardless of the number of attempts.

 

Divorce Residency Essentials to Get Divorce in Manitoba 

Every province has residency requirements, and Manitoba is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For Manitoba, the requirements are:

When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for di­vorce.

The divorce may be filed for in any of the following: 

  • The county where the defendant resides;
  • The county where the spouses both resided at the time of their separation; or
  • The county where the plaintiff resides if the defendant is a non-resident of Manitoba.  

 

Reasons for Divorce in Manitoba 

There are two primary categories of divorce filing in Manitoba. They are fault and no-fault.  In order to file for divorce in Manitoba, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

No-fault reasons for divorce in Manitoba include:

  • Voluntary separation lasting more than a year.

 General reasons include, but are not limited to:

  • Adultery
  • Living separate and apart without cohabitation for over two years without the husband supporting the wife (divorce must be filed by wife); 
  • Mental or physical cruelty committed by the other party.

 

Custody of the Children in Manitoba 

A court in Manitoba grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.

  • Best interests of the child:  When children who are minors are involved in a divorce, the Manitoba courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
  • The age and sex of the child;
  • The safety and well-being of the child.
  • The moral character of the parents.

Manitoba officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. 

 Factors taken into consideration for Manitoba include:

  • Parental custody agreement;
  • Parental cooperation;
  • Parental ability to encourage love and sharing;
  • Any history of abuse.
  • Geographic proximity of parents. 

Joint custody may be awarded.  However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.

 

Manitoba Spousal Support Guidelines 

The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves.

 This award may be made out of the property belonging to the other spouse, unless it is separate prop­erty (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.

 

In applying the statewide uniform guideline, the courts will consider the following: 

  • The value of the estate of both spouses.
  • The condition of the spouse’s family.  Up to 50% of a spouse’s retirement benefits may be used for alimony if the retirement was accumulated during a marriage of ten years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. 

 

Manitoba Child Support Guidelines 

A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Manitoba driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

Manitoba is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.

 

Divorce Mediation 

There is no legal provision in Manitoba for mediation.

 

 

START Your Divorce Process Now!
We offer more than a divorce preparation service:

Online Document Creation: All online divorce forms completed in real time and available for instant filing and delivery in your local court house.

Dedicated Case Manager: Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Unlimited Document Updates: We are happy to do any changes at any time to help you through this process.

100% Money Back Promise: We guarantee our forms will be accepted by the court or your money back.

FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.

Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.

Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.

Free Name Change for Wives: Yes, you can get your old name back with our service.

FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.

FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.

FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.

Unlimited Telephone Support: Our support team is on hand every business day from 8am PST – 5pm PST to answer any questions.

  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

  • Why Choose MyDivorcePapers.com for your online divorce?

  • All State Approved Forms
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