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Family

What is the difference between a joint and a sole divorce application in Manitoba?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of Manitoba.

A sole application is started by one spouse, while a joint application is made by both spouses together. In Manitoba's Court of King's Bench (Family Division), a sole divorce uses Form 70A, and a joint divorce uses Form 70A.1 filed by a petitioner and co-petitioner. The Divorce Act allows a divorce application by either or both spouses.

With a sole petition, the other spouse must be notified and can file an Answer in Form 70J if they want to oppose it. With a joint petition, each spouse is a party and the joint petitioners file a Joint Petitioner Affidavit in Form 70M.1. The joint route is only available for a divorce and other relief you both agree on, so it does not work if one of you seeks relief the other does not consent to.

Residence and separation rules are the same either way: either spouse must have been habitually resident in Manitoba for at least one year, and breakdown is shown by living separate and apart for at least one year, or instead by adultery or by physical or mental cruelty that makes continued cohabitation intolerable, by the spouse the proceeding is against. Which route suits you depends on whether you agree on everything, so a lawyer can help you choose.

Key takeaways

  • A sole petition uses Form 70A and a joint petition uses Form 70A.1 in the Court of King's Bench (Family Division).
  • On a sole petition the other spouse must be notified and can file an Answer in Form 70J, while on a joint petition both spouses are parties.
  • A joint petition is not available if one spouse seeks relief the other does not consent to.
  • Either spouse meeting the one-year Manitoba residence test is enough, whichever route you choose.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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