Divorce: Need advise

[sufferer]

hi everybody,

My 1 year of separation will end on 23rd dec but common issues (child custody,child support,spousal support etc)are still pending.Leaving them open on a side can i apply for divorce?will legal aid cover it?will it be wise to do so or it will be foolish to do it without resolving other issues?I am not planning to remarry .What is the procedure if i want to do it without any lawyer ?

Legal velocity i will count on your advise.please help me

[littleman]

welcome to the forum,

I had my divorce finalized years before custody issues & child support were decided......having these two issues decided after the fact can be trying on your nerves and your patience........I cant comment on the spousal support however I believe this is only a factor if there is a huge difference in salaries.......for custody & child support I was self represented with of course the guidance from here........without the people here I dont thinkI would have made it through.........save this forum as a favorite on your computer especially if you will be self represented.......its a God send......as for legal aid not many people qualify.......if you make (it seems like) any amount of money you dont qualify........if you own anything car,house,etc you dont qualify..........when it comes down to the end of it you have to be just about destitute to qualify for legal aid.........personally I found it better being in the middle of it all I knew exactly what was being wrote about myself and my child verbatum and didnt get the "Coles Notes" version of it......you can resd the threads that I had on here and they may direct you in the right place........LV and Lindsay are extremely helpful

[sufferer]

Please give me some advise regarding my divorce

[logicalvelocity]

sufferer,

as you mentioned,

can i apply for divorce?will legal aid cover it?

By default, once you have a one year separation, either spouse can apply for a Divorce. I don't believe legal aid of Ontario will cover the litigation expense of the Divorce in itself.

To see what they cover and the number of hours see the legal aid tariff handbook found here.

http://www.legalaid.on.ca/en/info/pdf/Tariff_Manual.pdf

For the procedure on divorce, you have to bring forth an application with the courts, However since you have other outstanding issues, it is best to combine the issues. I would think your paramount concern right now would be to obtain child and spousal support for yourself in the interim. Legal aid will fund the litigation for these claims.

If you feel that you would like to proceed with your divorce, you will have to find out if your divorce will be uncontested or contested. If it is determined that the Divorce will be uncontested, see this guide for procedures in family court.

http://www.attorneygeneral.jus.gov.o.../fc_part6a.pdf

lv

[sufferer]

My ex as i told you earlier quit his job and told my lawyer that he is fired.My lawyer asked him to sign a consent letter to speak to his employer but he refused stating that he is telling the truth.My lawyer says that even if we file a motion for support it won't help and judge will favour him becaus he has no money.He has a leased business and as per him he just plans to work over there and will support me accordingly.Isn,t he obligated towards his kids legally>Can't judge tell him that since he landed to canada(4 years ago)he has been earning more than how can he decide to make one third of whatever he was making when capable of making more(before he was working and leased busines was running side by side).And of course in business he will show his expenses more and will pay me negligible.What is the right way to deal with this situation and i am sure he is still involved at his work place and is working under the table.What is your opinion lv.......in a weird position

[logicalvelocity]

sufferer,

I do find the situation suspicious in consideration that your ex won't provide an authorization for release to information pertaining to same. I infer that they may be hiding something.

Regardless, It appears the individual is underemployed and perhaps the best route to take is to bring forth an order to input an income to the individual.


ie: an amount equivalent to the last three years. You have to remember that support of children is a paramount consideration of the court. As such, I suspect you will have very little trouble persuading same to input an income.

lv

[sufferer]

Today when i met my lawyer i was told that OCL refused to take my case.Is that a good sign or bad?

[logicalvelocity]

sufferer,


If your issues are litigated, the court will now have to make a decision on each parties evidence rather than independent input by way of a report from the OCL on the parenting abilities of each parent.

A court can order a request to have the OCL involved, but ultimately the OCL reserves the right to take on a case.

lv

[sufferer]

LIke i told you all my problems and instead of resolving the issues my ex is trying hard to complicate them.Now he came up (send to my lawyer)with a list of items which we never even had.He claims about some silver and golden items which were not even there in matrimonial home.How can be he so nasty and accuse me for things which never belonged to us.What can i do about it.
I am really hurt

[logicalvelocity]

sufferer,

as you mentioned,

resolving the issues my ex is trying hard to complicate them.Now he came up (send to my lawyer)with a list of items which we never even had.He claims about some silver and golden items which were not even there in matrimonial home.

If you don't have the items, respond formally by way of your own lawyers letter to his respective solicitor that you do not have same and that this is the first time you have even became aware that perhaps an item existed. The onus is also on the individual to prove such existed and that they are indeed in your possession.

How can be he so nasty and accuse me for things which never belonged to us.What can i do about it.

Simply put, this is part of their strategy to wear you down and perhaps attempt to show you are vindictive. Perception is everything in Family Court. Don't fall the trap. Be very pleasant and full of grace in your lawyers letter or your own authored and state that you don't have the items, but if you should come across same, that you will promptly return.

This puts the ball in their court to prove that the items existed and that they are in your possession. On the balance of probabilities, this may be difficult to prove.

In regards to your other issues, I suspect you will have to perhaps input an income to him for support purposes on the grounds that they have undermined their ability to earn income.

lv