Manitoba family law
Divorce Lawyers in Winnipeg
Your Family matters
Our Winnipeg Divorce Lawyers Help You Focus on the Future
At Visionary Law Corporation in Winnipeg, Manitoba, we recognize that whether your marriage reaches its end abruptly or after enduring years of turbulence, the need for legal support remains constant. Our team of dedicated lawyers at Visionary Law is committed to assisting you through this challenging journey. Our paramount objective is to provide you with tailored guidance and effective solutions for your divorce matters.
With a keen focus on your future aspirations, we meticulously evaluate your objectives and craft a well-defined strategy to navigate your case. Our unwavering dedication is centered on ensuring that you comprehend the legal landscape and are well-informed about the upcoming stages. At Visionary Law, we understand that divorces come in various forms, and each case is unique. Whether you find yourself in the midst of a contested or uncontested divorce, our priority is to create an environment where you feel at ease and empowered throughout the entire process.
For contested divorces, where disputes over property division, child custody, and other critical issues arise, our experienced legal team is well-equipped to provide robust representation, advocating for your rights and interests within the complex legal system. Even in the case of uncontested divorces, where cooperation between parties is more amicable, our lawyers ensure that your rights are protected, and the proceedings proceed smoothly. With Visionary Law Corporation, you can trust that your divorce journey will be met with compassionate expertise.
Types of Divorce
Types of Divorce
Grounds for Divorce
Grounds for Divorce
How Long Divorce Takes
How Long Divorce Takes
In Manitoba, divorce is a significant life event that can arise from various circumstances. Understanding the different types of divorce available is essential for anyone navigating this complex process.
Whether you’re facing an amicable separation, a contested legal battle, or exploring alternative dispute resolution methods, having a comprehensive understanding of the types of divorce in Manitoba will empower you to make informed decisions that align with your unique situation.
Uncontested Divorce
Uncontested divorces in Manitoba offer a streamlined path towards ending a marriage in a mutually agreeable manner. In this process, both spouses work together to resolve key issues such as property division, child custody, and support without the need for contentious courtroom battles. The simplicity and efficiency of uncontested divorces often result in a smoother transition, minimizing stress and legal expenses.
If you’re seeking an uncontested divorce in Manitoba, understanding the process, benefits, and how legal professionals can guide you through the intricacies can empower you to navigate this significant life change with confidence.
Contested Divorce
Uncontested divorces in Manitoba offer a streamlined path towards ending a marriage in a mutually agreeable manner. In this process, both spouses work together to resolve key issues such as property division, child custody, and support without the need for contentious courtroom battles. The simplicity and efficiency of uncontested divorces often result in a smoother transition, minimizing stress and legal expenses.
If you’re seeking an uncontested divorce in Manitoba, understanding the process, benefits, and how legal professionals can guide you through the intricacies can empower you to navigate this significant life change with confidence.
Under the Divorce Act, when a couple experiences a “breakdown of marriage” either spouse, or both, may file an application for divorce. The Act requires that you were legally married, in Canada or in any other country, that you intend to separate permanently from your spouse or have left your spouse already, and you do not believe that there is a chance of reconciliation.
In Canada, there are three scenarios under which you can file for divorce:
Living apart for at least one year
You can file for a divorce on this basis as soon as you no longer wish to live with your spouse. However, you must live apart from your spouse for at least one year before a judge will finalize your divorce. In most cases, a couple can establish living apart by residing under different roofs. However, it is possible to live in the same house but still live apart and be granted a divorce. Our lawyers can assess your living situation and determine if it qualifies under this type of “breakdown of marriage.”
Adultery
Filing for divorce on grounds that your spouse committed adultery can be quicker depending on the circumstances of your case. However, it is important to keep in mind that proving adultery is very difficult and costly and will likely require you to attend court to give testimony. For these reasons it is an uncommon ground for divorce.
Cruelty
You can also file for divorce on the grounds that your spouse committed acts of physical or mental cruelty against you. If you can show that your spouse treated you cruelly, the court may waive the one year separation period and grant an immediate divorce. However, it is important to keep in mind that proving cruelty is very difficult and costly and will likely require you to attend court to give testimony. For these reasons it is an uncommon ground for divorce.
Our lawyers routinely assist clients with issues regarding spousal support, prenuptial agreements, property division, and other divorce related matters. Whether you are the victim of physical abuse, or need help drafting a separation agreement, we are determined to help you rebuild your life.
The duration of a divorce process in Manitoba can vary based on several factors. On average, an uncontested divorce, where both spouses agree on key issues like property division and child custody, may take around three to four months from the time of filing to receiving the final divorce decree. However, the timeline can be influenced by various elements such as court backlog, the complexity of the case, and the completeness of the submitted paperwork.
For contested divorces, where disagreements exist and court intervention is required, the process can extend significantly. Complex disputes over property division, child custody, and support can lead to a contested divorce taking anywhere from six months to several years to reach resolution. Mediation or negotiation attempts can sometimes expedite the process, while cases that proceed to trial might experience longer delays due to court scheduling and the need for formal hearings.
It’s important to note that the timeline for a divorce in Manitoba can differ based on individual circumstances. Seeking legal advice from a qualified family lawyer familiar with Manitoba’s divorce laws can provide tailored insights into the specific factors that might influence the duration of your divorce proceedings.
Is mediation or collaboration an option in Manitoba divorces?
Yes, mediation and collaboration are viable options for divorces in Manitoba. Mediation and collaborative divorce are alternative dispute resolution methods that aim to facilitate a more amicable and cooperative approach to ending a marriage. In Manitoba, these options can offer couples a way to work through their differences outside of traditional courtroom litigation.
Mediation involves a neutral third-party mediator who assists the couple in reaching agreements on various divorce-related issues. This can include property division, child custody, and support arrangements. Mediation encourages open communication and compromise, helping couples find mutually acceptable solutions.
Collaborative divorce is another option available in Manitoba, where both spouses and their respective lawyers commit to resolving the divorce outside of court. Collaborative divorce emphasizes problem-solving and negotiation, aiming to achieve a settlement that meets the needs of both parties and any children involved.
Both mediation and collaborative divorce can be effective in simplifying the divorce process, reducing stress, and saving time and money. It’s important to consult with experienced family law professionals in Manitoba to determine if mediation or collaboration is suitable for your specific situation.
What Next?
Please complete the form below to request a family law consultation with Visionary Law. We will contact you as soon as possible to schedule an office visit. Information shared with our office in this form and during our consultation is and will remain private and confidential.
