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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 11-09-2005, 10:45 PM
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Hello All....I am in the midst of separation. Husband got served a month ago and my question is about the 200 days it takes to get this to court. I've been told that we have to go thru mediation and was wondering if the mediation is during the 200 days or if it starts after the 200 days? Please help to clairfy this for me. I am a little confused
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Old 11-10-2005, 11:46 PM
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I never went thru meditation at all.
And I have never heard about the 200 days before.

Sorry I can't help
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Old 11-11-2005, 10:48 AM
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Mediation is choice you can make. It involves you and your husband sitting with a neurtal 3rd party and coming to an agreement as to how to split your assets/debts, how you will handle custody issues etc. It is much more cost effective if you can avoid going to court. You can begin mediation immediately. If you already know that you will not be able to come to an agreement there is nothing binding you to enter into mediation.

As for the court date - I don't know there is a mandatory "wait time" but it certainly isn't quick to get a court date unless you can file emergency measures in which case the agreement is only interim.
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Old 11-13-2005, 08:01 PM
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I also have not heard of the 200 day deadline to get to court. I was told that mediation was a step to take to avoid going to court. I tried mediation but it failed and I'm now going through the court system.

I would still recommend trying the mediation process instead of the court approach.

Good Luck
Grace
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Old 11-15-2005, 01:50 PM
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There is a deadline from the start of the case (when the application is filed) to take some form of action such as a first appearance, case conference, motion date, settlement conference, etc. The registar will dismiss the case if no action is taken to settle the issues as listed in the application and answer. I think its less than 200 days to get the case moving in some form.
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Old 11-30-2005, 04:58 PM
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logicalvelocity is on the right track, except the countdown starts when the application is issued and the case is automatically dismissed 200 days from that time, regardless of how many court appearances have taken place.

The courts in Ottawa used to be very slow with dismissing actions, sometimes leaving files for years. They have really caught up in the past few months. Some other courts however, such as downtown Toronto, have a major backlog. That being said, the 200 days in some courts may be extended simply due to the volume of files that court has going through the system.

Lindsay
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Old 12-04-2005, 10:38 PM
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Quote:
Originally Posted by Lindsay
the case is automatically dismissed 200 days from that time, regardless of how many court appearances have taken place.
Lindsay
If the case hasn't been scheduled for trial after 200 days, then the court will send you a notice that you've got to schedule a conference within the next 30 days. If neither party schedules a conference, then the court will dismiss your case.
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