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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 03-10-2014, 08:16 PM
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Default A long stressful divorce ahead? HUH?

Signed Separation Agreement, no children of the marriage, all division of property was divided up and agreed upon. Spousal Support and lump sum was agreed upon in Sep agreement.

The respondent says that we are going to have a battle getting this divorce.

My question is, what possibly can cause a battle? It has been more than a year since we have even seen the other, the respondent is with a new partner and has changed address, phone number.

The only thing, the respondent does not like the financial state things are in. The respondent also wants the marriage to continue, but I think it is because of the financial state the respondent has continued to worsen.

Insight would be most grateful.
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Old 03-10-2014, 08:19 PM
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as long as you each had independent legal advice I cant see where they battle can be.
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Old 03-10-2014, 08:35 PM
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Neither had legal advice with Sep agreement. I did however, show a lawyer the Sep agreement and she said that I was being very generous, almost too generous but given the time we were married, it could have been less spousal support monthly but for a bit longer of time.

The respondent is not a Canadian Citizen, only has Permanent Residency here, meaning I am the respondents sponsor.

The fact that I was told that because I was financially and emotionally abused during the marriage, and that a breakdown of the marriage due to the respondent using me, that I could have been mean and filed with immigration and have the respondent deported, however I just do not have that mean bone in my body.
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Old 03-11-2014, 03:13 PM
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So what if your ex says it's going to be a battle getting this divorce? People say all kinds of things. Just proceed with the divorce, with or without her approval. Deal with issues as they arise. Forget about the immigration business - it doesn't make you a "good guy" because you didn't report your ex. Also forget about the "emotional and financial abuse" - it won't get your divorce any faster. Just go down to the courthouse or go to your lawyer, pick up the forms, and get started.
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Old 03-13-2014, 01:15 AM
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Quote:
Originally Posted by stripes View Post
So what if your ex says it's going to be a battle getting this divorce? People say all kinds of things.
SNL Harry Carey Skit - Video

The moon is made of spare ribs!

Humour aside... Excellent advice. People say all sorts of things in separation and divorce. Don't let it get to you.

Good Luck!
Tayken
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Old 03-14-2014, 05:36 PM
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Thank you. Yes, you are correct.
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Old 03-14-2014, 06:01 PM
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Quote:
Originally Posted by 2bfree View Post
Neither had legal advice with Sep agreement. I did however, show a lawyer the Sep agreement and she said that I was being very generous, almost too generous but given the time we were married, it could have been less spousal support monthly but for a bit longer of time.

The respondent is not a Canadian Citizen, only has Permanent Residency here, meaning I am the respondents sponsor.

The fact that I was told that because I was financially and emotionally abused during the marriage, and that a breakdown of the marriage due to the respondent using me, that I could have been mean and filed with immigration and have the respondent deported, however I just do not have that mean bone in my body.
Are you aware that you can be held responsible for any social assistance/welfare she receives during the sponsorship period? I've seen that come as a surprise to people down the road.
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Old 03-14-2014, 06:06 PM
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Good point MSMom. They should be held responsible. When you "sponsor" someone you are basically co-signing a gigantic loan.
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Old 03-15-2014, 06:52 AM
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Stripes is right, just fill the divorce forms and forget about what she says. After one year of separation divorce is granted, there are no kids here and property division is resolved, so no worries, she got nothing and you don't need her consent to proceed with divorce.

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