Process of Filing for Divorce
The general process of filing for divorce includes:
Prepare and file the Divorce Petition, which includes information regarding the marriage, grounds for divorce, any claims for child custody, support, and property division.
Serve the documents filed above to the other party. Please note that the serving of documents must be done by a third party.
The applicant files and affidavit of service, confirming that the documents have been properly served.
After being served with the Divorce Petition, the respondent has a period of time to respond. In Manitoba, the waiting period is generally 30 days from the date of service.
After the waiting period has passed and all necessary documents are filed, the petitioner can file an Affidavit of Divorce. This document provides additional information to the court, such as the current status of the marriage and any relevant facts.
Once all of the documents have been filed, a judge will review the documents and if they are satisfied that the requirements for divorce have been met, they will issue a Divorce Judgement, granting the divorce.
After the Divorce Judgement is granted, the applicant may request a certificate of divorce, which serves as official proof of the divorce.
Please note that the above is for general purposes only and outlines the steps for an uncontested divorce. There may be additional steps based on the nature of the divorce and the individual circumstances. It is recommended to consult with a legal professional to ensure that you fully understand your rights, obligations, and processes.