Uncontested / Simple Divorce in Manitoba: Trial on Affidavit Evidence Step by Step Guide
If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Manitoba is often the most straightforward way to legally end the marriage.
The main Manitoba “insider” concept is that many uncontested files can be decided on affidavit evidence (a paper based process). Instead of giving live testimony in court, you provide sworn written evidence, including the Affidavit of Petitioner’s Evidence (Form 70M), so a judge can grant the divorce without an in person hearing in many cases.
This guide explains, in plain English, how uncontested divorce in Manitoba usually works: who qualifies, the core Court of King’s Bench forms (like the Petition for Divorce (Form 70A)), the affidavit evidence workflow, timelines (including the 31 day appeal period), and where a DIY self help approach can fit.
Important disclaimer: PlainDivorce is not a law firm. Nothing in this article is legal advice. Court rules, forms, and fees can change over time, and every family situation is different. Always double check details with official Manitoba court resources or speak with a Manitoba family lawyer or legal clinic if you are unsure about your rights or procedure.
Table of Contents
- 1. What is an uncontested or simple divorce in Manitoba?
- 2. The Manitoba paper process: affidavit evidence instead of a hearing
- 3. Who qualifies for an uncontested divorce in Manitoba?
- 4. Key Manitoba court forms (70A, 70A.1, 70I, 70M, 70O, 70P, 70D)
- 5. Step by step: uncontested divorce process in Manitoba
- 6. Special issues when you have children
- 7. How long does an uncontested divorce take in Manitoba?
- 8. What does an uncontested divorce cost in Manitoba?
- 9. When a DIY divorce might not be right for you
- 10. Where a self help divorce kit fits
- 11. Manitoba uncontested divorce FAQ
1. What is an uncontested or simple divorce in Manitoba?
In Manitoba, divorces are granted under Canada’s federal Divorce Act, but the procedure and required court forms are handled through the Court of King’s Bench.
An uncontested divorce generally means:
- one spouse starts a divorce case (or you file together),
- the other spouse does not oppose it by filing a response that turns it into a dispute, and
- parenting and support issues (and usually property and debt issues) are already resolved by agreement or existing orders, or you are asking for a divorce only decision.
2. The Manitoba paper process: affidavit evidence instead of a hearing
In many uncontested Manitoba divorces, the court can decide the case based on sworn written evidence. The goal is to give the judge a complete, consistent file so the divorce can be granted without an in person hearing in many situations.
The key evidence document is usually the Affidavit of Petitioner’s Evidence (Form 70M). It is the sworn statement that sets out the facts the court needs, such as the marriage details, separation date, Manitoba residency, and information about children and child support (if applicable).
Download Our Manitoba Uncontested Divorce (Dissolution) Self-Help Kit
3. Who qualifies for an uncontested divorce in Manitoba?
Residency
In general, you can start a divorce in Manitoba if at least one spouse has been ordinarily resident in Manitoba for at least one year immediately before the case is started.
Grounds for divorce
Most uncontested divorces rely on the no fault ground of one year separation. You can sometimes start paperwork before the year is up, but the court generally will not grant the divorce until the one year separation requirement is satisfied (unless you rely on adultery or cruelty, which can be more complex).
When uncontested is usually a good fit
A case is often a good fit for an uncontested file when both spouses agree the marriage is over and you have already settled parenting and support (and usually property and debt) in a separation agreement or other arrangements.
4. Key Manitoba court forms (70A, 70A.1, 70I, 70M, 70O, 70P, 70D)
Generic guides say “file the petition.” In Manitoba, using the correct form numbers is how you avoid registry delays and confusion. Common forms in uncontested divorce files include:
- Petition for Divorce (Form 70A): the standard form to start a sole divorce case.
- Joint Petition for Divorce (Form 70A.1): the cooperative option where you file together, which can avoid service in many cases.
- Affidavit of Service (Form 70I): used in sole cases to prove your spouse was served properly.
- Affidavit of Petitioner’s Evidence (Form 70M): the sworn evidence that supports an uncontested decision on the paperwork.
- Divorce Judgment (Form 70O): the draft judgment the judge signs to grant the divorce.
- Certificate of Divorce (Form 70P): the certificate you can request after the divorce is effective (often needed for remarriage).
- Financial Statement (Form 70D): commonly required when child support is not straightforward or when spousal support is claimed.
5. Step by step: uncontested divorce process in Manitoba
The exact steps can vary depending on whether you file jointly or solely and whether you have children, but many Manitoba uncontested files follow this general structure.
Step 1: Confirm you qualify
- Confirm Manitoba residency.
- Confirm your divorce basis (commonly one year separation).
- Confirm your case is truly uncontested (no active dispute that requires a hearing).
Step 2: Settle children, support, and property issues (ideally in writing)
Even in an uncontested divorce, the court must be satisfied that reasonable arrangements are in place for child support (if applicable). Having a clear separation agreement (or existing court orders) helps reduce delays.
Step 3: Prepare and file the Petition (Form 70A) or Joint Petition (Form 70A.1)
You file your initiating forms with the court registry and pay the filing fee (unless you qualify for a waiver). In many Manitoba registries, you should expect to file the original marriage certificate or follow the court’s rules for what to do if you cannot obtain it.
Step 4: Service (sole cases) or no service (joint cases)
If you file a sole Petition (70A), you typically must serve your spouse and then file proof of service (often using Form 70I). If you file a Joint Petition (70A.1), service is usually not part of the workflow because you are both petitioners.
Step 5: Wait for the federal clearance (Ottawa)
After the petition is filed, the court requests a clearance check through the Central Registry of Divorce Proceedings to confirm there is no other divorce proceeding on record for the same marriage. This can take a number of weeks. Your registry can tell you when the clearance has arrived in your file.
Step 6: File the uncontested affidavit evidence package (paper process)
Once the file is ready to proceed as uncontested, you file your sworn evidence, including the Affidavit of Petitioner’s Evidence (Form 70M), and submit the draft Divorce Judgment (Form 70O) as required by the registry. Many registries also require envelopes addressed to each spouse so the signed judgment can be mailed out.
Practical tip: Uncontested files are often delayed because something is missing or inconsistent (attachments, dates, signatures, child support details, or the marriage certificate requirements). Treat this like a checklist project and aim for a clean, complete filing the first time.
Step 7: Divorce Judgment is granted, then the 31 day appeal period runs
If the judge is satisfied based on the affidavit evidence, the court grants a Divorce Judgment. In most cases, the divorce takes effect 31 days after the judgment is granted (the appeal period). After it is effective, you can request a Certificate of Divorce (Form 70P).
6. Special issues when you have children
Having children does not prevent an uncontested divorce, but it increases the court’s scrutiny. The judge must be satisfied that reasonable child support arrangements exist. If your support amount is unclear or far below guideline expectations without explanation, the court can delay the divorce until the issue is corrected.
7. How long does an uncontested divorce take in Manitoba?
Most timelines have three chunks:
- Before filing: separation time plus reaching agreement on parenting, support, and property.
- From filing to judgment: filing the Petition (70A or 70A.1), service and response time (sole cases), the federal clearance period, then court review of the affidavit evidence package.
- After judgment: the 31 day appeal period before the divorce takes effect and a Certificate of Divorce can be obtained.
8. What does an uncontested divorce cost in Manitoba?
Fees can change, so always confirm the current court services fee schedule before filing. Manitoba’s published Court of King’s Bench fees include:
| Item | Fee |
|---|---|
| Petition for Divorce | $200.00 |
| Certificate of Divorce | $30.00 |
| Answer (only if someone contests) | $50.00 |
| Process server (sole filing only, if hired) | Varies |
Other common costs can include commissioner or notary fees for swearing affidavits, replacing a marriage certificate if you do not have it, photocopying, and mailing.
9. When a DIY divorce might not be right for you
Consider legal advice (even limited scope advice) if there is family violence, coercion, major parenting conflict, hidden assets concerns, or complex finances (businesses, farms, major pensions, multiple properties). A low cost divorce can become expensive if someone signs an unfair agreement or misses important rights.
10. Where a self help divorce kit fits
If your case is truly uncontested and you are comfortable managing paperwork, a Manitoba specific self help kit can help you:
- understand the affidavit evidence process before you start,
- stay organized with a forms and evidence checklist,
- avoid common omissions that cause registry returns, and
- track key timing, including the federal clearance step and the 31 day appeal period.
Download Our Manitoba Uncontested Divorce Self Help Kit
PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and it does not replace official court forms or current court instructions.
11. Manitoba uncontested divorce FAQ
What is an uncontested or simple divorce in Manitoba?
It is a divorce where the divorce itself is not opposed and the court does not need to resolve an active dispute about parenting, support, or property. In Manitoba, many uncontested files can be decided based on sworn written evidence, including the Affidavit of Petitioner’s Evidence (Form 70M), rather than live testimony.
What is Form 70A in Manitoba divorce?
Form 70A is the Petition for Divorce used to start a divorce proceeding in Manitoba.
What is Trial on affidavit evidence in Manitoba?
It is a process where your evidence is provided in writing under oath instead of live testimony. In uncontested divorce files, Form 70M is commonly used as the petitioner’s sworn evidence supporting the Petition for Divorce.
When does a Manitoba divorce become final?
In most cases, the divorce takes effect 31 days after the Divorce Judgment is granted (the appeal period). After that date, you can request a Certificate of Divorce (Form 70P).
About Harry D
Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.