30 days are up!

[jjman]

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!

[Lindsay]

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

[logicalvelocity]

congrats jjman
lv

[jjman]

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

[jjman]

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

[Lindsay]

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:

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

[Jane007]

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...

[AtALoss]

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.

[standing on the sidelines]

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