How long does a divorce take in Manitoba from filing to final order?
This answer covers the law of Manitoba.
There is no single fixed timeline for a divorce in Manitoba, because it depends on how long you have been separated and whether your spouse contests the case. A divorce takes effect on the thirty-first day after judgment, unless a court orders it earlier for special circumstances and the spouses agree and undertake not to appeal, or a pending appeal delays it.
If you rely on separation, you must have lived separate and apart for at least one year before the divorce is determined, and you must have been separated when the case started. You can file before the year is complete. Resuming cohabitation for up to ninety days in total, mainly to reconcile, does not break that year.
Speed then depends on the response. A respondent has 20 days to file an answer if served in Manitoba, 40 days elsewhere in Canada or the U.S., and 60 days outside those countries. If no answer is filed, you may submit evidence by affidavit. A contested case is set for trial within 12 to 15 months of the first case conference. The court will also delay the divorce until reasonable child support arrangements are made. Court processing times for uncontested cases vary, so a lawyer can confirm what to expect.
Key takeaways
- A divorce takes effect on the thirty-first day after the judgment is rendered, unless a court orders it earlier because of special circumstances and the spouses agree and undertake not to appeal, or an appeal pending when that period ends delays it.
- If you rely on separation, you need one year apart before the divorce is determined, but you can file before that year is complete.
- A respondent has 20, 40 or 60 days to file an answer, depending on where they are served.
- A contested case is set for trial within 12 to 15 months of the first case conference, so opposition can add a great deal of time.