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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 12-04-2005, 12:54 AM
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Unhappy Need Lots of help

Hey everyone. I really need help. A few months ago, I filed for a separation and divorce with my husband.(we have been married for a short time) The thing is, I don't know what I need to do, ask for, what the waiting period is,....? My lawyer really isn't that helpful-he tells me that I will probably hear from my husband before I do (which doesn't sound too promising since him and I are not talking and all my emails are blocked). I don't even know how to reach him-he packed up and left, sold his business (lied to me and said he was filing for bankruptcy), bought a house. He took everything-literally-because he is such a classy guy. I used to work for him-sort of. I did everything for him-ran his business, set up speaking engagements, did his promotions and marketing-plus kept house and everything else with that-while he ate and played golf. The reason I say "sort of"-is because he never payed me. He didn't pay me but set up like he did so that he could write me off(he said that my payment were the clothes or dinner he bought me the odd time). I wasn't around last year to work for him (away)-and he filed my taxes and wrote me off without my knowing-I don't even have a copy of them-he has everything of mine including important documents. In addition to not being payed, I am on my own without anything now (because I am a student). I asked for a small amount of compensation in the papers (because of all of my past work, me as a tax write -off,...I am hardly asking for any money)-but he is even refusing to give me a penny (he had originally verbally agreed though).
I just don't know what my rights are-if I am entitled to anything, any support at the present time, how this all works? (will he not sign anything and wait me out because he knows i don't have money and thus, can't fight him?) The separation papers asked for the small settlement but I don't know why it wasn't put into the divorce papers instead (because he won't sign the separation agreement-and I at least want that done). My lawyer said something about "should we go to court"? I don't know-I don't know why he's asking me because I don't know what that means and what that is going to do.
I really know nothing about any of the procedures, and I am feeling very angry that he has taken complete advantage of me our entire relationship and now he's trying to screw me over more. (I don't even know if he can do more to me?) Please, if any of you can help me, I would love to hear from you, because I really am hurting and vulnerable right now. Thank you.
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Old 12-04-2005, 02:11 AM
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Clueless,

sorry to hear about your circumstance.

I'll assume your in ontario, canada

you are off to a good start in the aspect that you have retained a lawyer.
To get a divorce you need to be separated for a year. this is the default way of obtaining a divorce and is the best way and most economical. Other ways are for emotional or physical abuse or adultery. It is easier by going with default method one year separation.

You can get a copy of your income tax assessments from Revenue Canada. Your lawyer could also ask for a full financial disclosure from your ex spouse. I am not sure if I read your thread right but I perceived your ex spouse cliamed bankruptcy and the business is now belly up. I think you have a good case for spousal support as it appears you contributed significantly to the relationship and received no enumeration and perhaps setting aside your own endeavours and or career and also for maintaing the matrimonial home etc.

The big factor for spousal support would be you have need, which you most likely do and he has means. I speculate that he is living some how today, so he must have an income of some sort. Question is how much and is modest.

As far as assests for divisions go, you would have to look at what is left from the bankruptcy. There may not be anything left.

You never mentioned that there was any children so child support is not an issue. If it was an issue, child support takes first priority over spousal support.

As far going to court, you may have to as it appears your ex spouse is not co-operating and providing full inancial disclousre etc. One thing to note is how could a separation agreement be drafted up without full financial disclosure including all assests, debts and liabilities exchanged between the parties. A separation agreement is void if financial disclosure has not occurred.
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Old 12-04-2005, 07:08 AM
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Thank you for your reply-it's great to know I have some great people out there for advice. Regarding my husband and his business-he told "me" that he was going bankrupt but I had found out through a few of his collegues that he had actually sold his business and was fine (he was just making something up maybe because he knew we were going to split up)-that's also when I had heard he bought a house (but put it in his brother's name, new car,...).
As far as the separation agreement being drafted up without full financial disclosure including all assests, debts and liabilities-that's what I don't understand, if my lawyer put on the forms a "request" for some compensation-I am not sure (I don't understand any law procedures). My lawyer is never clear-i need things explained as simply as possible with this stuff.
I had done so much for my husband and I am upset that he can turn around and say otherwise, but I am wondering if I should think of it as a wash-just not ask for any compensation and just have papers drawn up with a simple split and divorce (we haven't been together for a year so the divorce is possible). The reason why I am saying that I should just not ask for anything is because will he keep fighting (thus costing me more money)? Is that the likely scenario? Will it just be tons of money out of my pocket in order to get hardly any compensation? I just don't know? I have no money to fight him. It hurts enough being dragged through the mud.
Thank you for your help-I truly appreciate your advice.
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Old 12-04-2005, 08:51 AM
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I read in one of your earlier post that you helped set up his business, so assuming that the business was formed during the marriage, and he has since sold it, you are entitled to 50%.

Litigation is very expensive, especially if you are going to use the court system as opposed to settling amicable. I do think its worth it, for you to get full financial disclosure, from him, before making a decision.
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Old 12-04-2005, 05:54 PM
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Clueless,

I highly recomend that you to read the following statute on financial disclosure to get an idea on the steps perhaps you may have to take to get a full financial disclosure. It will also give you an idea of the court process in Ontario and will give you an idea of what your lawyer is talking about when communicating with them.

Family Law Rules O. Reg. 114/99

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

Just a quick note:

When property such as business's are sold and transferred there usually is a paper trail, and generally large sums of money are held in trust until closure. There must be some lawyers involved that handled the transaction and sale of the business including the new owner.

I also think that you could have the brother brought in for financial examination.

You could do some of the leg work yourself on ownership of the house and any relevent document instruments liens, chattels or mortgages pertaining to the house purchase of the house etc.by doing a search at the land registry office. It appears the brother may be in a conspiracy to hide your EX's assets. This information could assist your lawyer.

The other thing you could do is search the ownership of your EX's new vehicle that he is driving. You could do this online. All you need is a license plate number. Be sure you pay the extra and get certified. Please see link.

http://www.mto.gov.on.ca/english/dan...ue.htm#vehicle.


Another option you have is to do a search on the new business owners to get information., This can also be done at the local land registry office.

Check these links for information.

http://www.cbs.gov.on.ca/mcbs/english/250a_3fe.htm



Hope this information is helpful to you
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Old 12-05-2005, 06:22 PM
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Thank you for the websites and the advice.
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