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 10-31-2005, 05:59 PM
Junior Member
 
Join Date: Oct 2005
Location: London, Ontario
Posts: 3
Patience59 is on a distinguished road
Send a message via MSN to Patience59
Default Definition of "Infidelity"

I am eager to start divorce proceedings, but want to make sure I have all bases covered.

First off, my ex refuses to sign any agreement we have made between us. (I am supposed to trust that he will do as he says he will). Second, we are still living in the same house and for the last month have split the rent and utilities and he has been paying weekly child support. I sleep on the sofa bed, he sleeps in the bedroom. I do not cook or do laundry for him, although I still end up cleaning up after him ... lol.

Around mid August, I found evidence on the computer that he was registering with online dating services, some of which he placed charges on our Visa to register. I have since found many such sites, and through my own techniques have been able to find his ID's and passwords. I have copies of the profiles he has filled out, as well as copies of e-mails he has rec'd and sent to other members.
So I guess my first question is this: Does this constitute infidelity? Or would there need to be proof of him actually "doing the deed".

Next, our 18 yr old daughter still lives at home and was registered in full time attendance at high school. Unfortunately though, she has never liked school and with the stress of her father still being in the home, she was taken off role last week because of her attendance. I have agreed to let her complete this years credits through correspondence courses. She did discuss this with her VP and was told that since she would still be receiving credits towards her GED, that her father would still have to maintain child support payments.


Is there anyone who can shed some knowledge on either of these 2 points??

Thanks in advance
  #2 (permalink)  
Old 10-31-2005, 06:13 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

You don't need a reason to get a divorce in Ont. ie infidelity. You just need to be separated for one year.

As long as your child is working towards her degree she is entitled to child suppport.

Good Luck
  #3 (permalink)  
Old 10-31-2005, 07:49 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

I agree with Grace on both accounts. It is easier to get your divorce by just waiting the one year. Infidelity can get nasty in the courtroom.

The other thing also which you may want to seek a qualified legal opinion on, is that I have heard some people to be separated but living in the same household. Ie: they aren't intimate and live independently like in your situation. You might be able to use this time towards the one year.

Your daughter is still considered a student regardless if she is taking correspondence or attending fulltime day classes and is entitled to support.
  #4 (permalink)  
Old 11-03-2005, 07:40 AM
Junior Member
 
Join Date: Oct 2005
Location: London, Ontario
Posts: 3
Patience59 is on a distinguished road
Send a message via MSN to Patience59
Default

Thanks for you help on this one. I've decided to just wait the year rather than taking a chance that any accusations could make this ugly and drag it out unneccessarily.

It is also comforting to know that my daughter can continue her education in a way she feels most comfortable without fear of being penalized.

So, today I'm off to file my application with family court.

Thanks again.
  #5 (permalink)  
Old 11-03-2005, 06:08 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

I agree waiting the year is the best way to go. Prooving infidelity is difficult, and will add to the legal expense. You may have to call witness's and or name the third party etc as a Respondent. They in turn would have the right to respond. It just makes things get ugly in the courtroom.
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 02:14 AM.