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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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  #1 (permalink)  
Old 10-13-2005, 09:28 AM
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Default Length of Proceedings

Given that I have been separated for more than a year,
how long will the divorce take to finalize before I
can remary in the event that my wife agrees with the
terms of the divorce? If she purposely wishes to hold
things up so I can't remarry, on what basis can she do
that (assuming I offer 100% of our net worth to her,
and full custody rights). I will offer a reasonable (but
not extravagant) amount of spousal support. Is there
anything left for her to delay the proceedings with?

Last edited by gvjt; 10-13-2005 at 12:55 PM.
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Old 10-13-2005, 11:17 AM
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OMG.... she could delay it for years....
Trust me, if she really wants to be vindictive, she can delay the court proceedings...
My soon to be ex has delayed things so bad that after two years we are still fighting over the small stuff.

She can delay it with your retirments, your CPP's , the amount of Spousal and child support. The list is endless.

Good Luck
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Old 10-13-2005, 12:54 PM
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Default What is reasonable?

Thanks for the reply. I don't think that her and I will have much to fight
about really, because I'm willing to give her anything she wants except
for unlimitted spousal support. If that's the only outstanding issue, and
she asks for 100% of my paycheck, what then? Does the law REQUIRE
agreement, or is it possible that a judge would order a reasonable
settlement amount? I suppose I could agree to 100% just to settle the
matter, then take a leave of absence (letting my future wife support me)
for a few months until she got the point and agreed to something more
reasonable (like 99% )
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Old 10-13-2005, 07:15 PM
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I'm with Fresh Starts on this one about delaying. If it's just a divorce your looking for and not a quick resolution to all the other issues, you may be able to get that under certain circumstances. See:
http://www.ottawadivorce.com/sever.htm
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Old 10-13-2005, 09:48 PM
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You could seek costs on a clent solictor basis if she acts in bad faith and is unreasonable. Also if she delays the proceedings her lawyer is going to cost her big dollars unless she is legal aid funded. Legal Aid will only cover so many hours. I suspect she is not legally aid funded.
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Old 10-14-2005, 01:40 AM
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Default Contradiction?

This is a response to Jeff's last post in this thread:
Thanks for the reply - you made reference to a web page on your
site concerning settling the divorce before the corollorary issues,
and in it was the statement:
"As well, it may give your spouse negotiating leverage against you so
that you can be assured the divorce will proceed smoothly."
Which sounds a bit contradictory ... can you explain this a bit? On the
one hand, it sounds disadvantageous to have "negotiating leverage
AGAINST" one's self, but there is an advantage to "proceeding smoothly."
Can you expand on this a bit? Thanks.
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Old 11-20-2005, 09:24 PM
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Delay! How about 12 long years! My partner's ex threatened him with everything including never seeing his children again! The kids are now grown up and the divorce is in its final stages. He finally stood up to her a few years ago, and proceeded with the divorce. Now it's just dealing with the incompetent lawyer! (I'll ask a new and seperate question regarding that!) Yes, he has had every obstacle thrown in his way that you can imagine. She is, sadly, an insecure and selfish woman.
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Old 11-20-2005, 09:31 PM
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You can get a split divorce. The divorce can go through after a 1 year seperation then you can work out the financial/custody arrangements later on.

12 years is too long!!!!! How did that happen???
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Old 11-21-2005, 09:02 AM
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Not to sway too far off-topic here, and no intent to disparage anyone, but this is the second thread I have seen today where someone is interested in mapping out another marriage while the present one is still intact but dissolving.

Why don't people take some time with these things? All this hardship and problems and people really want to move directly from one marriage to another? Again no offense intended, but I don't think I could have done that when I got divorced. Definately much more cautious and deliberate now.
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Old 11-21-2005, 11:13 AM
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Personally, I think 12 years is more than enough time to consider remarriage!!

Regardless, dates and circumstances on paper do not necessarily match what happens in real life. There are situations where couples continue to reside in the same residence although they are in a "separated" stance. Being married on paper is not an indication of the act of being married in your day to day life. The only people who can provide constructive commentary on what individuals should do, feel etc. are those actually in the situation...they are the only ones who know the truth.

I know that it is horribly frustrating to want to move on with your life to only feel tied down and stagnated by the bureaucracy and mechanics of others.
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