Divorce Without Separation Agreement?

[TODivorce]

Is it possible to obatin a divorce without a separation agreement? My ex and I have been separated for almost 4 years and have some funds from the sale of the matrimonial home sitting in a trust account with our real estate lawyer. Ex can't seem to get her stuff together (i.e. financial disclosure, agreement on division of funds etc.) I sense this is going to be a long drawn out battle given the lack of organisation on the other parties behalf - I'm sure legal bills could greatly outweigh the amount sitting in the trust account! I would like to get a divorce such that I can move on with life after which point I don't really care how long it takes to resolve the financial division. No kids, no case for spousal etc. Thanks in advance....

[Sk8r]

Yes, as long as your ex agrees to the divorce, you can file it prior to settling your financial issues. I have been divorced for well over a year and am still battling out division of property and custody (although that is very unusual so I have come to learn)

[baileybug]

We are doing the same. We got the divorce first, so he could hurry up and re-marry (baby on the way), but will work out the separation agreement, with details later.

[TODivorce]

Thanks for the input - does anybody know the approx. time for an Ontario divorce to go through? I have heard somewhere in the range of 3 - 9 months. Is it longer if no separation agreement is in place? Thanks....

[Sk8r]

My ex applied in May and we were divorced by July

[Lindsay]

Hi TODivorce,

It normally takes approx. 3 months from the time the respondent is served, assuming you are moving ahead with a sole uncontested divorce. A joint UCD takes about the same amount of time, but I don't suggest this (I have posted a few times on this subject, so if you're curious, try doing a search on the forums).

Toronto is a high-volume court house though, so I would say that your UCD would process in 4 months at the very least.

Lindsay