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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 12-20-2010, 08:25 PM
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Default Uncontested Divorce but she won't sign the Papers.

Hi all, I'm new here and was after some advice if anyone can help?
I am currently in Saskatoon, Saskatchewan, Canada.

Around February 2009 my spouse decided she didn't want to be with me anymore after 7 years of marriage. I was devastated and tried to save our marriage but she made it clear over the next couple of months that she just wanted to move on without me.

We legally separated July 2009 (we agreed and signed our legal separation documents), and I moved out at the start of October 2009. We agreed to proceed with an uncontested divorce after 1 year of separation.

I have recently completed the Uncontested Divorce documents and took them round to her house for review and signature.
She said she needed time to review them so I left them at her house.

Now, everytime I call to see whether she has signed them, she hasn't and is coming up with vague excuses (it's near Christmas, I am busy at work, I don't have time, etc) not to sign them.

What do I do now?

I don't want to have the expense of a full blown divorce, we agreed to the uncontested divorce to keep costs down and remain civil (although she is now making things rather uncivil).

I just want to her to sign the uncontested divorce papers so we can file.
It is as if she is "holding me to ransom" by not signing them and is using this to hold some power over me, to keep me from moving on.

Can I have her served with uncontested divorce papers, or can I only serve contested divorce papers?
Is there any other way I can get her to sign the papers?

Sorry if these are silly questions, but I haven't been in this situation before.

Many thanks for any help.... it is all starting to get very stressful and frustrating....
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Old 12-20-2010, 08:51 PM
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Not entirely sure there but it may be possible for you to file without her signatures as long as you provide proof she was served. If she does not repond or object, one would assume she doesn't and you can be divorced.
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Old 12-20-2010, 08:53 PM
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Thanks for the reply Blink. You mean I can file the uncontested papers without her signature?
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Old 12-20-2010, 09:34 PM
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For a 'simple divorce' yes, you can file by yourself without her signing anything. That will give you the divorce part but doesn't deal with any of the issues. A 'joint application' requires consent from both of you and would deal with the issues as well. She doesn't have to consent to you being divorced for you to divorce her, but the applications are different. You've been seperated for more than a year so you can file based on that alone.

You mentioned you have a seperation agreement so as long as she isn't onjecting to anything in there at this point, it appears that you have all the issues addressed. If she won't sign then perhaps change directions a bit, file on your own and have her served. If she does nothing then it's implied consent.
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Old 12-20-2010, 10:51 PM
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Thanks for the advice, Blink. I hope it doesn't come to it but maybe I will have to file on my own :/
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Old 12-20-2010, 11:14 PM
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You might see about getting a free half hour consult with a lawyer to go over what you're trying to do and make sure you're on the right path, Good luck!
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Old 07-26-2011, 08:59 PM
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Do you have any FLIC's - try going to lawyer.. file for divorce (not mutual)...
then have a server - serve her notice... if she does not accept the notice or accepts.. either way.. your case will proceed...
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Old 07-27-2011, 02:20 AM
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If you filed and served a Statement of Claim for Divorce and she did not file a Statement of Defence (or whatev its called in SK), then you can note her in default and proceed with the divorce. After one year separate, either party can get a divorce with or without the consent of the other party. But if there are children, you might have to state an amount of child support before they court will grant a divorce.
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