Divorce Application Procedure

[E-Gal]

I have been separated from my ex-spouse for over 1 year and 4 months now. Things are at a standstill - he doesn't want to buy, doesn't want to sell our matrimonial home in which he is living in right now. In order to get a divorce, do I need to get a separation agreement done first, especially concerning access arrangements re our daughter etc ?

My Legal Aid lawyer has sent his lawyer a note 3 times, there has been no reply.
Will applying for a divorce speed up the process so that we can divide our assets etc. There is no chance of reconciliation. I understand that Legal Aid does not help with application for the divorce. And I need to try and get the division of assets etc done asa so I can move on with my life. I'm feeling tied to my ex-spouse and want to move forward.

Any help in clarifying would be appreciated.
Thanks.

[Mess]

You can get a divorce by severing the other issues from the divorce order. This is pretty much the opposite of what you want to do. Your ex will feel "Hey I'm divorced, I don't need to do anything" and keep sitting in your house.

In order to accelerate things you need to file an application with the courts for your trial. This is just the first step. For most people like your ex it is a wake up call. At your first case conference you can ask for court ordered mediation, and at your income level, qualifying for legal aid, you will also qualify for the court to pay for mediation. You can also make motions for orders after the first conference, which means you can get an order for him to provide full financial disclosure if he hasn't. It may be possible to get an order for some accelerated division of assets, like some movement on selling the house.

You are taking good steps by coming here and asking questions. You need the situation to move ahead and he is stalling, you need to inform yourself and give clear instructions and timelines to your lawyer.

I would strongly suggest reading Surviving your Divorce which is filled with information you need to know and will help you come up with the right question to ask here and ask your lawyer.

[KanataKathy]

Is it a common-law marriage? This is the common law issues sub-forum...

[E-Gal]

No we were married for 17 years. oops...sorry if I am in the wrong forum.
Mess : Thanks for the advice. I will go and seek the book out. Much appreciated.