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How to fill out a Petition or a Petition for Divorce
If you are experiencing family breakdown,separation or divorce in Manitoba and you wish to seek spousal support, child support,custody, access, division of property and/or a divorce, you may do so in the Manitoba Court ofQueen’s Bench. This process begins with the completion and filing of a Petition forDivorce, form 70A or a Petition, form 70B. If you are asking the court to order supportor division of property, you may also need to file a Financial Statement, form 70D. TheCourt of Queen’s Bench Rules 70.05 subsections 1 to 5 provide information on what you will require. These forms are available on our ManitobaCourts website along with the Court of Queen’s
Bench rules that relate to the family courtprocess and some Frequently Asked Questions that may assist you with the process.If you are married and seeking a Divorce, you will begin with a Petition for Divorce.If you are married and seeking support, custody, access or other relief not including a divorceOR if you are not legally married but are looking for relief related to the breakdownof the relationship, you will begin with a Petition. If you are married but need the court to determinesomething on an urgent basis, you can file a Petition or Petition for Divorce immediatelyfollowing separation. If you start by filing
a Petition, you may file a Petition for Divorceat a later date. The law requires that either you or your spouse has been ordinarily residentin Manitoba for at least one year preceding the filing date of the Petition for Divorce. To obtain a divorce, you must show that youhave grounds for the divorce. The most common grounds are that the parties have lived separateand apart for at least one year because of a breakdown of the marriage. In that case,although you may file for divorce at any time, a divorce will not be granted until you havelived separately and apart for at least one year. Other grounds for divorce are that theother spouse has committed adultery or has
treated you with physical or mental cruelty.Court staff cannot assist you to determine if adultery or cruelty are applicable. Youmay find that these websites are helpful, but it is recommended that you seek the adviceof a lawyer. Once you have carefully considered your circumstancesand determined the type of court order you are seeking, you should be ready to completethe Petition or Petition for Divorce. Remember, this tutorial does not replace legaladvice. Getting advice from a lawyer about your own situation can help you to save time,money and stress in the long run. Once you have determined which form you willuse to begin your proceeding, you will begin
to fill it out in order that you can fileit with the Court and serve it on the other party. Beginning with the cover page,â€¢ The title of proceeding identifies who the parties are the party filing the Petitionor Petition for Divorce is called the petitioner and the responding party is called the respondent.If you and your spouse are jointly filing a Petition for Divorce, you identify yourselvesas copetitioners. â€¢ The title of proceeding must identifythe parties’ full legal names at the time the Petition or Petition for Divorce is filed,in order of first, middle and last name. The
names should be exactly the same as on theMarriage Certificate. If, following the date of your marriage, you legally adopted thesurname of your spouse, you are required to use that surname until you are divorced orhave obtained a Certificate of Change of Name from Manitoba’s Vital Statistics Agency.â€¢ Insert the name, address and telephone number of the party filing a Petition or Petitionfor Divorce or the copetitioners filing a Petition for Divorce in the designated areaso you can be contacted by the court or the respondent if necessary. Turning now to Page 2:â€¢ Insert the title of proceeding as it appears