A divorce is one of the most stressful and difficult life events you’ll ever go through. It also has the potential to have a drastic impact on your financial future and your relationship with your kids.
You should never handle a divorce alone. You need skilled legal representation from people who will protect your interests.
Getting Divorced in Winnipeg
Your divorce will be adjudicated under both Canadian federal law and provincial law.
According to the Divorce Act, you must prove a breakdown of the marriage. To do this, you must show that you and your spouse have been living separate and apart for at least one year, or that your spouse committed adultery. A court will also grant an immediate divorce if you can prove your spouse has treated you with physical or mental cruelty.
Living separate and apart is usually the easiest way to start the divorce process. It can be more difficult to prove adultery or cruelty. This is especially true in cases of adultery, as you have to prove you didn’t forgive or condone the adultery.
Fault doesn’t matter when dividing assets or determining spousal support, though the actions of either spouse can have an impact on custody proceedings.
Provincial law says you must live in Manitoba for one year before you can get a divorce here.
How long will the divorce take?
A typical divorce takes four to six months, but every divorce is different. A highly contentious divorce could take longer. You should plan for the unexpected until your divorce is done.
It’s a good idea to avoid making other major decisions until this process is complete, as certain decisions can impact the divorce settlement. This can include dating other people, moving out of the area, or declaring bankruptcy.
How much will the divorce cost?
This can depend on how long you and your ex take to come to a settlement or agreement. More contentious divorces cost more because of the back-and-forth between lawyers, the number of court hearings, and the amount of time it takes to draft and review settlement agreements.
To lower your costs, it’s a good idea to take a cool, measured approach to your divorce, and to listen to your lawyer’s evaluation of the best and worst case scenarios. In truly contentious divorce cases the judge may order mediation at your expense anyway, so it pays to come to the table both ready and willing to negotiate.
Why trust Merchant Law with your divorce?
Get solid legal advice and the benefit of working with a team of extremely skilled negotiators. The team at Merchant Law has decades of family law experience and is ready to help you get the best deal on your divorce settlement. Contact us today.