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

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Old 12-17-2005, 03:39 AM
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when can leagaly file for an uncontested divorce and how long will it take:
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Old 12-17-2005, 11:54 PM
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You can file for a divorce after 1 year of separation. It usually takes about 3 months for the paper work to go through the court system. Once you receive your divorce degree, it takes affect after 31 days.
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Old 12-20-2005, 10:33 AM
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Do you live in Ottawa? The times and regulations of when you can file for divorce can differ depending on where you are located.
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Old 12-21-2005, 08:24 PM
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Smile uncontested divorce

No I do not live in Ottawa I live in south western On.
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Old 12-22-2005, 10:10 AM
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cturnerc,

Anywhere in Ontario, the information given by Grace is correct. I just wanted to add in though, the approximate 3 months of processing starts when the respondent is served with the application.

Lindsay

Last edited by Lindsay; 12-22-2005 at 10:15 AM.
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Old 12-26-2005, 09:35 AM
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are there any papers that need to be filed to start the separation?
ct
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Old 12-28-2005, 10:31 AM
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No, you don't have to file anything with the court for the separation to commence. The date of separation begins on the date on which it was your intention to be separated from your spouse.
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Old 01-04-2006, 01:19 AM
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How do they realise your "intention" though.
And what if the spouse doesnt agree on that date?
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Old 01-04-2006, 09:43 AM
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Please check out this other thread:

http://www.ottawadivorce.com/forum/s...ted=1#post1954

With an uncontested divorce, the court relies on the fact that the respondent did not contest the date of separation as listed in the application by noting him or herself in default. Being noted in default occurs when the respondent has not served and filed an answer to the application within 30 days of being served with same. The court also relies on the sworn oath/affirmation of the applicant in which he or she provides the date of separation. The oath/affirmation I am referring to is the affidavit for divorce, which is filed with the court after the respondent has been noted in default.

Lindsay

Last edited by Lindsay; 01-04-2006 at 09:52 AM.
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