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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 09-11-2015, 11:09 AM
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Default Newbie to divorce, need help to understand!!

I am a full-time fed. government employee currently starting my paperwork.
Ex left the country in December 2012 and never came back. Never paid any child support or spousal support. He has no intention of coming back. We have been in touch only by email. Although I suspect that he moved on with his life, he or his family here never said anything.
I saw a lawyer yesterday for a consultation and still left with bunch of questions. Could someone please help me to figure out how the process works, please? I am not a low-income so I canít be qualified for free legal aid, however neither I can fully afford a lawyer as I have been saving for my mortgage down payment. Thus, I am trying to do as much as I can on my own and only using lawyer for notarizing stuff and future needs down the road.
I am not asking for child or spousal support, all I need is divorce and sole custody with provisions such as getting passport.

Here is what I want to understand and please correct me if I am wrong:

I was told that I need to fill out the following forms: 36, 35.1 and 13. All of them should be sworn.
Questions:
1. Why do I need to fill out 13 if I am not requesting support or equalizations of assets? I donít want him to claim for MY savings.

2. Why am NOT filling out form 8? She told me that I wonít need 8 as it has been almost 3 years of separation at this point so I can go ahead with 36. Is this correct?

3. The family law rules state that I need to get a report from CAS. The 35.1 says that I need to sign the consent form at the court only. Does it mean that I donít have to approach CAS?

In my understanding, I need to take the papers to courthouse to get them issued. I also need to get a clearance from there before filing?

Can I serve him by email if i get his consent?

What happens next?

Thanks a bunch for your tips and inputs!
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Old 09-11-2015, 12:16 PM
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I cannot answer all of your questions.

#1 Form 13
You need to file it. You haven't served him yet, and he hasn't responded yet. It would be within reason for him to request a portion of all matrimonial assets.

Also as I've found out the hard way... A parent cannot waive the other parent's obligation to pay child support. Though its not entrenched in the Charter of Rights and Freedoms, the courts view child support as the 35th right of the child.
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Old 09-11-2015, 12:19 PM
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Quote:
Originally Posted by nfc4ever View Post
I cannot answer all of your questions.

#1 Form 13
You need to file it. You haven't served him yet, and he hasn't responded yet. It would be within reason for him to request a portion of all matrimonial assets.

Also as I've found out the hard way... A parent cannot waive the other parent's obligation to pay child support. Though its not entrenched in the Charter of Rights and Freedoms, the courts view child support as the 35th right of the child.
Thanks for your response!

What if assets are only mine and gained after separation?

Also, he is in the country that doesnt have reciprocal agreement to pursue support...nor the country is a member of Hague Conventions...
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Old 09-11-2015, 05:51 PM
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Curious why you would need a report from CAS? Neglect? Abuse?
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Old 09-11-2015, 09:52 PM
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Quote:
Originally Posted by blinkandimgone View Post
Curious why you would need a report from CAS? Neglect? Abuse?
i figured it out now, i don't need one actually because i am the biological parent. part B of 5.1 should be filled out by non-parents.
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Old 09-13-2015, 12:49 AM
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Quote:
Originally Posted by Gratitude View Post
Thanks for your response!

What if assets are only mine and gained after separation?

Also, he is in the country that doesnt have reciprocal agreement to pursue support...nor the country is a member of Hague Conventions...
For the assets, you'd need to ensure that you have statements from date of separation to prove the amount that is 100% yours.

Even if he's resident in a non-treaty country, having things documented from a legal perspective covers you and your children if he were to return to Canada. If you have no intent/desire to collect the funds, just simply don't file the papers with a collection support agency.
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