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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 05-12-2014, 11:11 AM
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Default Get divorced while there is an active court case

Okay,

I give up. I'll never get an agreement signed by my ex.

It's been 7 years since separation, all assets are split, kids are 50/50 and CS has been paid all along. There is a court order in place for CS/SS. We have a simple SA signed and a division of family property document signed, but she is contesting both.

So, can I get a divorce given that we have an active case? Can I just submit the sole application and serve her, or I do I need a motion given that there is an active court case regarding our issues??

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My ex started a court case 3 years ago. The last time we were in court was a motion 7 months ago when a court order for CS/SS was written (which states off CS and update yearly based on income). We have not been to trial.

I have done all I can to facilitate coming to a reasonable agreement. She won't commit to anything and refuses to write down what she wants. She won't agree to one thing unless we can agree to all things and she constantly changes her mind.

She may or may not sign off on a joint divorce. I'm inclined to just file for divorce my self, and make it separate from the issues.
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Old 05-12-2014, 11:35 AM
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If she claimed divorce, you cannot bring a new application claiming it.

You could, however, bring a motion to have the divorce severed from the corollary issues.
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Old 05-12-2014, 11:59 AM
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Agreed, motion to sever the divorce from outstanding issues.

The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.
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Old 05-12-2014, 12:09 PM
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Quote:
Originally Posted by FightingForFamily View Post
Agreed, motion to sever the divorce from outstanding issues.

The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.
Peace of mind, peace of mind.
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Old 05-12-2014, 12:24 PM
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Quote:
Originally Posted by FightingForFamily View Post
Agreed, motion to sever the divorce from outstanding issues.

The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.
Or, to narrow the issues. One less thing to negotiate in the SA.
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Old 05-12-2014, 12:48 PM
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If I am filing a motion for divorce severed from the corollary issues and it is not on consent, can I use the 14B form? It says I can use form 14B if "You are requesting the court to make an order on an uncomplicated or procedural matter" Not sure if this qualifies.

Given that we have shared custody for over 7 years, and not disputing 50/50 and there is a temporary court order for CS/SS in place, it seems uncomplicated that I be granted a divorce.
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Old 05-12-2014, 01:56 PM
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Quote:
can I use the 14B form?
It is preferably to go by procedural motion unless it is on consent, however if it fails by basket motion you can always return for a procedural.
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Old 05-12-2014, 02:28 PM
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Quote:
Originally Posted by OrleansLawyer View Post
It is preferably to go by procedural motion unless it is on consent, however if it fails by basket motion you can always return for a procedural.
I have not heard the 'basket' term. By chance does B stands for Basket in 14B?
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Old 05-12-2014, 03:46 PM
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I was under the impression, perhaps wrongly, that if you sever you are giving up ant rights to the matrimonial home IF your name is not on the title. True? False? Anyone? Bueller?
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Old 05-12-2014, 04:57 PM
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Quote:
if you sever you are giving up ant rights to the matrimonial home IF your name is not on the title.
Matrimonial homes exist for married couples. If you are divorced you aren't married.
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