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
  #11 (permalink)  
Old 02-08-2006, 10:23 PM
Member
 
Join Date: Jan 2006
Location: Ontario
Posts: 60
sunday is on a distinguished road
Question initiate

I'm with Grace. What difference does it make???
  #12 (permalink)  
Old 02-09-2006, 08:57 AM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default

DD, Grace and Sunday,

Thanks for your replies. You know, my wife said she would take action in January. It now be February. I'm of the notion to not stir the bees nest! For once one goes down that road, it takes on a life and momentum of it's own.

I guess everyones dilemma is how to continue seeing the kids while at the same time, maintaining finanacial stability given the level of ones finanacial stature. This would all be for not, if I was making half a million or struck the Lotto 7 jackpot after Logicalvelocity gave me the winning numbers!

For a lawyer to say to me that 'It would be finanacially devestating' is an understatement!

I appreciate ALL your feedback ... love ya!

Hubby
  #13 (permalink)  
Old 02-09-2006, 09:30 AM
Senior Member
 
Join Date: Dec 2005
Posts: 238
god knows the truth will become famous soon enough
Default

Financial devestation is an understatement. It seems that if you've worked your tail off for years on end you get no help, therefore losing and cashing in everything; if you've lost everything(via cashing in to pay legal expenses) or have never worked a day in your life,your legal expenses are paid for via legal aid--where's the fairness in that?
I knew someone several years ago who was a plumber--he saw that he and his wife were not going to last so he quit his job and by the time it went to court he easily got legal aid b/c he was umemployed. Throughout the back and forth of the legal mumbo jumbo, his wife couldn't afford her Lawyer anymore so she had to quit 'fighting' for her children . SHE LOST because of it and he won. How fair is that?
  #14 (permalink)  
Old 02-09-2006, 02:21 PM
Senior Member
 
Join Date: Jan 2006
Posts: 479
Decent Dad is an unknown quantity at this point
Default

Quote:
Originally Posted by Grace
Why? I didn't think it made a difference, Applicant or Respondent.
Grace,

Justice is blind. The laws are equal and applied fair. Hard facts win. And in the end - it is innocent until proven guilty. Unless you are in Family Court...

Family Law is the only court in the world where the defendent (respondent) must prove their innocence, not the planitff (applicant) proving their guilt.

When you are the respondent, there is a subtle, or outright, assumption of guilt. "Your honour, I am the applicant and I have been wronged by this terrible respondent over there".

From a process perspective, the applicant is driving the show as well. The respondent is also on the defensive... always playing catch-up. The applicant speaks first. The applicants claims are read by the judge (e.g. sole-custody). There is a better chance the judge will only read the applicants affidavit (or at least their side of the story). Applicants drive case conferences and settlement conferences. And so on...

I am not saying you cannot win as the respondent (I did), but it takes even more work on top of a lot of extra work when you start behind the 8-ball.
  #15 (permalink)  
Old 02-09-2006, 02:32 PM
Senior Member
 
Join Date: Jan 2006
Posts: 479
Decent Dad is an unknown quantity at this point
Default

Sorry to fup my own post... but...

Do you want to be seen as the take charge person (the applicant)... or the person dragged into court (the respondent). So much of Family Law is smoke and mirrors.
  #16 (permalink)  
Old 02-09-2006, 03:30 PM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default

DecentDad,

Ok so her initiating gives me the heads up that she intends to seperate/divorce.

I'm confused here, at what point does one file during or shortly thereafter receiving the seperation papers from their spouses.

Its almost advantageous to file first in Family Law ... question is, what circumstances dictate filing first? Oh, and what is the purpose of filing - I thought that was only done when both parties could not agree and would take it throught the court system?

Hubby
  #17 (permalink)  
Old 02-09-2006, 06:06 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

Quote:
Originally Posted by Decent Dad
Family Law is the only court in the world where the defendent (respondent) must prove their innocence, not the plaintiff (applicant) proving their guilt.
From my experience in court, the mud slings both ways, regardless if your the applicant or the respondent. Both parties must prove their "innocence" or "guilt".
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



All times are GMT -4. The time now is 07:14 PM.