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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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  #1 (permalink)  
Old 04-30-2014, 12:08 AM
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Default Separation Agreement vs Divorce....

Court order for divorce done. But:

a. my lawyer said he had to complete something that would take an hour, and whatever ex's lawyer has to do will take longer. After a month, I have finally received my lawyer's write up for the separation agreement. 10 pages.

(my lawyer also needs to still write the lawyer who is holding the funds from our house sale.....1 month still waiting....3 emails----hope this week that will happen.

Does his lawyer have to do something else to complete the divorce order? What is it that his lawyer has to do??????

Still happy happy happy. My Religious divorce happened this week-yeah.

Will be happier when all things are finally severed.

Also, I remember from another post that the final divorce paper doesn't come for a while. I hope I don't have to remind my lawyer to forward this.

If he doesn't, can I apply myself to the courts for the final divorce decree...so I can avoid more legal bills.

Thanks as always for everyone's help.

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Old 04-30-2014, 02:04 PM
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Quote:
Originally Posted by mememe View Post
Court order for divorce done. But:

a. my lawyer said he had to complete something that would take an hour, and whatever ex's lawyer has to do will take longer. After a month, I have finally received my lawyer's write up for the separation agreement. 10 pages.

(my lawyer also needs to still write the lawyer who is holding the funds from our house sale.....1 month still waiting....3 emails----hope this week that will happen.

Does his lawyer have to do something else to complete the divorce order? What is it that his lawyer has to do??????

Still happy happy happy. My Religious divorce happened this week-yeah.

Will be happier when all things are finally severed.

Also, I remember from another post that the final divorce paper doesn't come for a while. I hope I don't have to remind my lawyer to forward this.

If he doesn't, can I apply myself to the courts for the final divorce decree...so I can avoid more legal bills.

Thanks as always for everyone's help.

Having a court order does not mean you are divorced. One of you has to file for divorce, if you meet the separated for a year requirement. Hopefully you can file on consent, have your ex served, a judge will review (without you present) and rubber stamp and you are then divorced. It took me about three months.

If he refuses service, or disputes, then it can be a lot more trouble.
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Old 04-30-2014, 04:05 PM
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Oh oh oh. I am just happy. Not happy happy. We have been separated 5 years. My lawyer did the separation agreement. He had served me with divorce papers so maybe his lawyer agreed to file for the divorce paper. We had to supply something that said I revoke my "answer". Hopefully this will all be a rubber stamp. Rumours are he wants to remaary. ( I hope so and good luck on no. 3)
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Old 04-30-2014, 04:32 PM
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Originally Posted by mememe View Post
Oh oh oh. I am just happy. Not happy happy. We have been separated 5 years. My lawyer did the separation agreement. He had served me with divorce papers so maybe his lawyer agreed to file for the divorce paper. We had to supply something that said I revoke my "answer". Hopefully this will all be a rubber stamp. Rumours are he wants to remaary. ( I hope so and good luck on no. 3)
Check with a clerk at the courthouse as to whether a divorce action has been initiated by your ex or someone acting for him (this is something you can do yourself - you don't have to pay your lawyer to check whether any action is in progress). If a divorce action is underway with him as the applicant, you basically have to just wait for it to unfold (or spend a lot of money getting your lawyer to pressure his lawyer to move it faster).

If there is no divorce action in progress, you can initiate one as the applicant. If you have a signed separation agreement that covers all the bases, this shouldn't be too difficult and you can probably handle it yourself (as I did). It will cost you a couple of hundred dollars to file the papers, though. There are lots of books and materials for DIY divorce, step by step - be sure you get the information that is relevant to your province.

What paper did you sign "revoking your answer"?
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Old 04-30-2014, 07:44 PM
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Thanks for the info. I am assuming the separation agreement that my lawyer sent me is essentially that. It says that he and I can't go after any other's assets dead or alive after this is signed. I haven't signed it yet as I don't know if they need a signed original or can I sign, have a witness and then scan it back to my lawyer to give it to my ex. .... Haven't heard back from my lawyer today on that or releasing the money being held from the house sale.

I assume we have to get this done first before his lawyer can do her part. Maybe he has to pay for the divorce papers etc. My lawyer said his job would cost less than what my ex's lawyer has to do. Except--he is using a junior lawyer who cost 1/4 of my lawyer.
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Old 05-01-2014, 10:46 AM
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Quote:
Originally Posted by mememe View Post
Thanks for the info. I am assuming the separation agreement that my lawyer sent me is essentially that. It says that he and I can't go after any other's assets dead or alive after this is signed. I haven't signed it yet as I don't know if they need a signed original or can I sign, have a witness and then scan it back to my lawyer to give it to my ex. .... Haven't heard back from my lawyer today on that or releasing the money being held from the house sale.

I assume we have to get this done first before his lawyer can do her part. Maybe he has to pay for the divorce papers etc. My lawyer said his job would cost less than what my ex's lawyer has to do. Except--he is using a junior lawyer who cost 1/4 of my lawyer.
When I signed my separation agreement, it was in front of the lawyer, who acted as a witness, and I initialled every page as well. Then my copy was sent to my ex who did the same in front of her lawyer. That is the standard.

The person filing the divorce papers to get the decree generally incurs the costs. I went through a firm specializing in filing, they did the service, the filings all for about $900, about half of that being court fees.
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Old 05-01-2014, 11:56 AM
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Tx. I am going to have to phone and get that done and sign the papers
I hate calling. I , as everyone else, am very tired of their bills.
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Old 05-02-2014, 12:57 AM
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Good news, the forms have been sent re: direction for release of funds and hopefully will be sent to the real estate lawyer. The ex will do the divorce part and we did the separation agreement (10 pages)--really it sounded all the same---we each can't go after any of our funds while alive or dead--but it took 10 pages.
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