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 07-14-2006, 12:00 PM
Junior Member
 
Join Date: Jun 2006
Location: Ontario, Canada
Posts: 10
PrincessKatie is on a distinguished road
Send a message via Yahoo to PrincessKatie
Question Divorce Law - Need Advice & Assistance

I am going through a Divorce with my next and hopefully my last Settlement Conference in August. I was abused in every way possible, except for physical abuse. There are Police reports; evidence from my Doctor sent to my lawyer; evidence from Counsellors; evidence from mental health where he went to Anger Management; affidavits from family and friends that witnessed the abuse that went on in the marriage for close to 5 years. Evidence from my place of employment that I almost lost my job after being there for 30+ years due to the abuse affecting me and my performance at work. My lawyer wanted all of these documents and for what? At my last Settlement Conference when the Judge ordered that I pay support to him for 5 years, next is the home that I paid for 100%, plus he received half of what we (I) purchased during the marriage of 4 3/4 years. He is an American that I sponsored and became a Canadian Citizen on July 1st. He owes close to $17,000.00 American in support for his 2 children in the States, plus much more to the government down there.
This is just a very brief description of my situation. The worse hell that I have ever been through.
Why does the Family Law and Divorce Act not take into consideration the abuse and why he really came to Canada to get away from his debts down there, of which I also have evidence (even a Warrant for his Arrest)? I feel so lost and I can't even turn to my lawyer for help. One lawyer in Mississauga that reviewed my case (with copies of everything possible) said that he should not get anything at all. My lawyer said to me at the last conference that ABUSE has nothing to do in regard to who gets what. And yet she had me get all the evidence of the abuse of which I had to pay for.
PLEASE TELL ME, WHERE IS THE JUSTICE. DID HE HAVE TO BEAT ME PHYSICALLY? He was too smart for that, being a former Police Officer of which they let him go after two years and then a Private Investigator. I need your advice. PLEASE!
Attached Images
File Type: jpg mental_copy-100x150.jpg (3.9 KB, 9 views)
  #2 (permalink)  
Old 07-14-2006, 05:18 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

PrincessKatie,

I agree with you that there doesn't appear to be any justice and is very unfair in consideration of the abuse that went on.

Your lawyer is correct that abuse has really nothing to do with equalization payments. Your lawyer most likely wanted the evidence to perhaps build a case if the matter went or goes to trial. Even if your estranged spouse beat you physically, he would still be entitled to equalization.

I am somewhat surprised that the Judge would order support for 5 years at a settlement conference. Considering briefs are unsworn etc. The main criteria for support must of been prevailing that you have means and he has needs. What efforts is the individual taking to support themselves?

lv
  #3 (permalink)  
Old 07-14-2006, 08:45 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

I'm sorry to hear your situation. LV is right, in Ontario it is "no fault" divorce so domestic abuse, whether physical, sexual or mental does not come into play when deciding support or an equalization of property. It can make a different though with custody and access. I take it that you did not have children together. I think the best you can do is MOVE ON, learn from your experience and get on with your life as unfair as it may seem right now. I know it is extremely difficult to litigate with someone who is controlling, (I've been at it 4 years, and its still in the courts). Careful too how much money you are willing to spend on legal fees, in hindsight you might be better off paying him and not both him and a lawyer. Also you should choose a lawyer who is well educated on domestic abuse, so they know the balance of power is not equal, and will be able to protect you.
  #4 (permalink)  
Old 07-18-2006, 05:39 PM
Junior Member
 
Join Date: Jun 2006
Location: Ontario, Canada
Posts: 10
PrincessKatie is on a distinguished road
Send a message via Yahoo to PrincessKatie
Default Hard to Accept the Divorce & Family Law

Why do they not take abuse into consideration? It is like being abused by your spouse and having to go through it all over again with the Justice (legal) System. Why is the legislation like this and does the Judge have to go by the written law, when they know there was abuse? PrincessKatie
  #5 (permalink)  
Old 07-18-2006, 08:43 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

PrincessKatie,

In your circumstance it appears grossly unjust. The Judge has to administer Justice by the laws that are in place. A lot of laws are open for Judicial interpretation. Most family Law Cases are fact based. Everything swings on the facts. Balance of probabilities is the method of evidence rather than beyond a reasonable doubt.

In your case, if there were children involved, most likely because of what has happened, the individual would not succeed in a custody application of the children.

lv
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
Online divorce? ExWife2Many General Chat 10 08-12-2010 08:15 AM
Surviving Divorce FPI Divorce & Family Law 2 04-29-2009 07:56 PM
The Unexpected Legacy of Divorce: A 25 Year Landmark Study mom22galz Political Issues 2 06-30-2006 10:04 AM
i need advice hidden assest found after final divorce sherif28 Financial Issues 6 03-01-2006 11:20 PM
Cutting The Cost Of Divorce SigRent Financial Issues 4 11-30-2005 11:43 PM


All times are GMT -4. The time now is 11:17 AM.