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-   -   Motion for Divorce (http://www.ottawadivorce.com/forum/f3/motion-divorce-21165/)

rmccallion 07-04-2017 07:55 PM

Motion for Divorce
 
Hello all,

I had been in the process of looking at filing a 14B Motion Form to request that (1) a change in the names of the parties on the original paperwork as they were slightly inconsistent with the marriage certificate.
and
(2) asking the judge to grant a divorce based on the case having gone "stale" as it relates to my ex filing for separation and divorce 8 years ago.

I was just advised by my EAP that I need to file a Motion for Divorce - I guess a specific version of the motion form for divorces. My problem is that I cannot find the form. The lawyer said that it should be real clear which form it was as "it was called something like motion for divorce".

If someone has any idea what form she might be referring to, i'd greatly appreciate it as she said that the 14B would not be accepted.

OrleansLawyer 07-04-2017 08:14 PM

Assuming you are in Ontario, there is no specific form.

If there are issues other than the Divorce, you must first have the divorce severed from the other issues of the case.

You will then proceed with the divorce, which includes an affidavit for divorce.

rmccallion 07-04-2017 08:18 PM

Quote:

Originally Posted by OrleansLawyer (Post 222056)
Assuming you are in Ontario, there is no specific form.

If there are issues other than the Divorce, you must first have the divorce severed from the other issues of the case.

You will then proceed with the divorce, which includes an affidavit for divorce.

Ontario - yes. This is why I'm so confused - I can not find any form at all related.

There are no outstanding issues at all with the original paperwork. We have a separation agreement which was turned into a court order in 2010. It laid out the terms of custody, access, spousal support, child support, equalization - everything. I just am wanting to get the divorce done with.

rmccallion 07-04-2017 08:21 PM

To clarify, the one thing that I DO need to do though is to get the names on the original paperwork changed so that they are consistent with the marriage certificate. I was told by a lawyer that the fact that the original court filings have our middle initial and the fact that marriage certificate has the full middle name spelled out would prove problematic. I was actually told that as well by a court clerk that advised that the names should be identical.

OrleansLawyer 07-04-2017 08:28 PM

Quote:

To clarify, the one thing that I DO need to do though is to get the names on the original paperwork changed so that they are consistent with the marriage certificate. I was told by a lawyer that the fact that the original court filings have our middle initial and the fact that marriage certificate has the full middle name spelled out would prove problematic. I was actually told that as well by a court clerk that advised that the names should be identical.
This is problematic because the certificate for registration for divorce proceedings will need to be re-done. This has a filing cost of $10.

You should be able to submit a new RFDP with the names as set out in the marriage license, and put those names into the Divorce Order (25A). The proper clearance certificate (which is what is returned from RFDP check) and divorce Order is all that you need to be divorced and to remarry.

Quote:

There are no outstanding issues at all with the original paperwork.
For clarity - the application was for simple divorce?

rmccallion 07-04-2017 08:37 PM

Quote:

Originally Posted by OrleansLawyer (Post 222059)
This is problematic because the certificate for registration for divorce proceedings will need to be re-done. This has a filing cost of $10.

You should be able to submit a new RFDP with the names as set out in the marriage license, and put those names into the Divorce Order (25A). The proper clearance certificate (which is what is returned from RFDP check) and divorce Order is all that you need to be divorced and to remarry.



For clarity - the application was for simple divorce?

Yes - it was. Thank you. I will take a look into that further. I appreciate your assistance.

OrleansLawyer 07-04-2017 08:41 PM

Quote:

I will take a look into that further.
Talking to the court clerks should help, particularly if you come with a typed RFDP form ready to be sent off.


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