Divorce Lawyer in Winnipeg
At Fishman Beley Family Law Associates, we have years of experience assisting our clients in securing their rights. Our divorce lawyers in Winnipeg thoroughly understand the legalities and complexities surrounding divorce and separation. We can handle challenging scenarios involving children, shared finances, and property.
Our knowledgeable team takes the time to learn the details of your case in order to develop legal solutions that prioritize your rights and the welfare of your children. We adhere to high standards and practice the utmost discretion. Whether your case requires mediation or representation in court, you can count on us.
If you'd like to schedule an appointment with our divorce lawyer in Winnipeg, please reach out. Apart from this, we can support you with various family law issues. You can find out more valuable information on our FAQs page.
Please click on the links below to direct yourself to the relevant sections.
In Manitoba, there is no need to prove grounds for separation, referred to in legal documents as being “no longer bound to cohabit.” Any married person or common-law partner may separate, and no reasons or grounds are required. This is referred to as “no-fault” separation or divorce.
Filing for Separation or Divorce
A divorce is different from a separation in that divorce is a “change of status” which turns a married or separated person into a divorced person who, as a consequence, is then free to remarry.
Common-law couples don’t need a divorce. Same-sex marriages are subject to the law on divorce.
The process is begun by the filing and serving of a Petition for Divorce or simply a Petition in common-law cases or where the parties don’t want a divorce.
In Canada, divorce is “no-fault,” and there is only one ground for divorce, namely, “marriage breakdown.” Marriage breakdown can be proven by the separation of the parties for one year or by proof of adultery or cruelty. Given the timelines that are usually involved, a claim for cruelty or adultery is rarely pursued unless someone is in a hurry to remarry.
Either party can file for divorce with a divorce lawyer at any time, even before physically separating, but the decree, except in rare cases (adultery or cruelty), will have to wait until there has been a separation of at least one year.
The vast majority of divorces and separation cases are concluded on an uncontested basis, without the necessity of a trial or hearing.
While that doesn’t mean that the parties may not have issues that need to be resolved by the court on an interim hearing or by negotiation, the matters are usually tied up by processing an uncontested divorce by affidavit evidence.
Corollary Relief, or “What Happens on Separation and Divorce?”
Once proceedings are ready to be started, the petitioner, the one who commences the proceeding, will typically ask the court to deal with the issues of corollary relief, such as property division, occupation or sale of the family home; custody issues and support of children, spousal or common-law partner support; and protective or restraining relief. These are the issues that form the substance of the litigation and its resolution.
If the parties are able to settle their issues, the court will require evidence – given orally by one or more of the parties in a courtroom or by affidavit – to grant the divorce. Before granting the divorce, the court must satisfy that appropriate arrangements have been made with respect to child support. The court has a duty to refuse the divorce unless it is satisfied with those arrangements. It will also want to be satisfied that the parties have considered reconciliation and are aware of the provisions in the law which support that.
Interim Motions, which formerly were available to deal with things like interim custody or interim support have been severely restricted by the new procedures which came into force on February 1, 2019.
Unless the matter is extremely urgent, the court will not entertain interim motions until after Triage has been completed. At that stage, the court may authorize a “Prioritized Hearing.” Prior to then, for a matter to be heard, it must be categorized as an “Emergent Motion.” Please see the Fishman Beley Family Law Primer on Practice and Procedure for a more elaborate discussion of Interim Relief.
Certificate of Divorce
Thirty-one days after the divorce is granted, either party may re-marry. A Certificate of Divorce is available from the court as proof. It is suitable for framing and is evidence of the divorce, which is necessary when applying for a marriage license.
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Family law issues, especially divorce and separation, are complicated. Having a trusted legal team by your side can secure your and your family's future. If you require a reliable divorce lawyer in Winnipeg, please contact us.