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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 02-05-2012, 10:31 PM
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Default Late filing of Form 10...Allowed or too late?

I am looking to find out if I am too late. I was just reviewing my court paperwork served to me in early Dec and discovered that I had to file a Form 10 within 30 days of receipt. I missed the timeline and yet I do wish to oppose some of the claims. I obviously have alot to learn.

Thanks,
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Old 02-06-2012, 08:39 AM
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Under Family Law Rule 3(7), the court staff will not take anything filed late.

You still have an option. You need to go to your Family Law Information Centre and find out when the procedural motions are held in your area and ask the judge to accept the late filing.

My ex-spouse did that. The judge granted her 30 extra days to file and she was already eight months late in filing Form 10. Of course she then missed the 30 filing extension, but got another one again.
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Old 02-06-2012, 09:34 AM
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Quote:
Originally Posted by singledadof2 View Post
I am looking to find out if I am too late. I was just reviewing my court paperwork served to me in early Dec and discovered that I had to file a Form 10 within 30 days of receipt. I missed the timeline and yet I do wish to oppose some of the claims. I obviously have alot to learn.

Thanks,
Depending on the other party you just need consent from the other party in the case for a late filing. It happens all the time especially on a response (Form 10) to an application.

Ask the other party for consent to file late and if they don't then you have other options.

Good Luck!
Tayken
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Old 02-15-2012, 10:07 PM
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Thanks for the help. I will try to post my results. Case Conference is tomorrow!!
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