Can I get a divorce in Manitoba without a lawyer?
This answer covers the law of Manitoba.
You apply to a court for a divorce, and the application can be made by one spouse or by both together. In Manitoba it goes to the Court of King's Bench (Family Division), and a sole application uses Form 70A, the Petition for Divorce. The other spouse must be notified, and if they file no answer you can submit your evidence by affidavit.
Spouses who agree on everything can apply jointly using Form 70A.1, but a joint petition is not available if one spouse seeks relief the other does not consent to. You will also need to file your marriage certificate. The court must also be satisfied that reasonable support arrangements for any children have been made before it grants the divorce.
A lawyer is worth considering if your spouse files an answer to oppose the petition, if you cannot agree on parenting, support or property, or if you are unsure which court can hear your case. The court can hear a divorce if either spouse has been habitually resident in Manitoba for at least one year. A lawyer can confirm what applies to your situation.
Key takeaways
- A divorce in Manitoba is filed in the Court of King's Bench (Family Division), using Form 70A for a sole petition or Form 70A.1 for a joint petition.
- If your spouse files no answer, you may submit your evidence by affidavit, though the judge can still ask for more evidence in court.
- You must file a marriage certificate, and the court must be satisfied that reasonable support arrangements for any children have been made.
- If your spouse opposes the petition by filing an Answer in Form 70J, the case is contested and getting legal advice becomes much more important.