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In Manitoba, the filer is called the petitioner, and the defendant is called the respondent. Either party or both spouses can file divorce can file together as “co-petitioners.” An uncontested divorce in Manitoba is what is referred to as an affidavit divorce, but it means simply 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 they live will make the process easier and more streamlined and may even be required.
One requirement for divorcing in Manitoba is that the marriage certificate is required. If neither party has the original copy, it is available by contacting the Vital Statistics Agency. However, you do not need to wait to receive this before beginning the filing process with BuyDivorcePapers.com.
The Divorce Act passed in Canada in 1986. This is a country-wide act that sets out the grounds for divorce. It offers both 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 laws of each province or territory.
BuyDivorcePapers.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 this, you and your spouse will need to have reached a full agreement on all property and debt issues. If you cannot reach this agreement, you will need to contact an attorney.
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.
There are three different grounds for divorce in Canada. They are as follows:
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 also be impossible to utilize one of those grounds when filing a joint petition.
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 BuyDivorceForms.com for online divorce.