Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-26-2006, 12:21 PM
Junior Member
 
Join Date: May 2006
Posts: 7
jjman is on a distinguished road
Default 30 days are up!

By the end of today my wife will have had the 30 day period in which to respond to the divorce application. My lawyer said he will be going tommorrow to the courts to file. He said I will then have to wait the 31 day appeal period. She was served on May 26/06.

My question is can she stop the divorce from going through anymore in this 31 day period?

I had a thread before but I have heard some different facts. Can someone please clarify. I would like to tell my new fiance that it is just a matter of time to wait for the papers.

Thanks!
  #2 (permalink)  
Old 06-26-2006, 01:07 PM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

Hi jjman,

That is great news. Now that your wife is noted in default, she has absolutely no right to hinder or stop the divorce in any way, and that includes the 31-day appeal period.

Right now, you're looking at between two and four weeks for the order to be signed once the affidavit for divorce is submitted, and then then 31 days from the date of the order. So, if you file the affidavit for divorce today, your divorce will take effect in between 1.5 and two months.

Lindsay
  #3 (permalink)  
Old 06-26-2006, 05:31 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

congrats jjman
lv
  #4 (permalink)  
Old 06-26-2006, 06:49 PM
Junior Member
 
Join Date: May 2006
Posts: 7
jjman is on a distinguished road
Default

Thank-You

This is a great forum and I really appreciate all the advice. It has felt like an eternity. Once again thank-you

jjman
  #5 (permalink)  
Old 06-28-2006, 12:59 PM
Junior Member
 
Join Date: May 2006
Posts: 7
jjman is on a distinguished road
Default 31 day appeal period

Hello

I have just been informed that my wife can appeal if she wants to in the last 31 day appeal period. I was told by the courts that usually in this period it is not normal for someone to appeal because it cost lots of money and it has to be extenuating conditions for that person to appeal the divorce.

In anyone's experience have you heard of someone appealing in the last 31 days? For what reasons? How much would it cost her to appeal? We have no children and an aggreement was signed. We were only married for 2 years and 9 months. She was served and did not sign the papers. So my lawyer went to the courts to file yesterday. I guess that around here there is no such thing as being in default and she can appeal if she wants in the last 31 days. I am concerned because I have a wedding planned for December 30 and I don't want to upset the fiance and put the wedding on hold, but obviously if I have to I will. The courts are backed up for 8 weeks around here and then there is that 31 days after that so you can see how I am a little anxious.

What are the chances of her appealing and holding things up? She found out I am engaged and I am worried once she receives the divorce order she will try to screw me knowing I have a wedding planned.



jjman
  #6 (permalink)  
Old 06-28-2006, 02:46 PM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

jjman,

IMO, I don't believe you were given the correct information. As far as I'm concerned, your wife gave up her right to participate in the proceeding when she was noted in default. Rule 10(5) of the Ontario Family Law Rules states:

Quote:
NO ANSWER OR ANSWER STRUCK OUT

(5) If a respondent does not serve and file an answer as this rule requires, or if the answer is struck out by an order,

(a) the respondent is not entitled to any further notice of steps in the case (except as subrule 25 (13) (service of order) provides);

(b) the respondent is not entitled to participate in the case in any way;

(c) the court may deal with the case in the respondent’s absence; and

(d) the clerk may set a date for an uncontested trial. O. Reg. 114/99, r. 10 (5).
Even if your wife was able to appeal the divorce, I don't know why she would want to. She has an unlimited time period for any claims for spousal support and child support, and she has several years after the date of the order to deal with any outstanding property issues. So, that leaves the only reasons for her to appeal the divorce as to either try and reconcile with you or just make your life difficult. I think it's safe to say that reconciliation is out of the question, and she would have to provide the court with some kind of reason as to why the divorce should be stopped.

Best of luck. Please let us know how things turn out.

Lindsay
  #7 (permalink)  
Old 01-21-2009, 05:45 PM
Junior Member
 
Join Date: Jan 2009
Posts: 4
Jane007 is on a distinguished road
Default

I have appealed in the 31 day period, because I have children with my husband, and he is not paying child support. I live in America, and he got an ex parte divorce in Canada. This is a disaster for us financially, as the law is very different and the child support guidelines in Canada cover the cost of living there - which is much less than where we are. At least this should have been addressed in the divorce, and the kids are now unable to see their father as he has refused to participate in mediation, counselling, and has turned his back after a very aggressive lawyer worked for him.
The kids were not provided for properly by his ex parte divorce...he lied about his income...didn't provide any tax returns or proof of it...and the judge granted the divorce. I still can't believe it.
So there you are...just to let you know that there can be a good reason to appeal. At least I hope it's good, as I really can't support the kids unless something goes right...
  #8 (permalink)  
Old 02-09-2009, 05:47 PM
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

Just discovered this post. My ex is appealling and my lawyer said it may cost $50,000 What all that would entail I dont know but ouch.
  #9 (permalink)  
Old 02-09-2009, 06:38 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,229
standing on the sidelines is on a distinguished road
Default

I am thinking that she will not appeal. Try not to think of the worst outcome, focus on a new life.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
child alienation---please your help brokendad Parenting Issues 16 07-03-2011 12:57 AM
Ex is Military stillstrong Financial Issues 22 06-03-2011 07:31 PM
6 days post interim hearing...already having problems with access via telephone gooddadgoingmad Divorce & Family Law 6 11-25-2010 11:04 PM
Settlement Conference Adjournment... but only 21 days McBroke Divorce & Family Law 5 04-23-2009 06:44 PM
Joint Custody with every other weekend. hubby Financial Issues 17 05-26-2006 07:44 PM


All times are GMT -4. The time now is 09:05 AM.