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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 05-04-2014, 11:51 AM
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Default Why would one not want to seek a divorce when separated

My son and his ex have been separated and living apart for 2 years. (She "wanted to think things through"). She has now served him with a Conference Notice for a CC. She wants to deal with support, house sale, convert shared custody into sole custody, etc. but she does not want to get a divorce. Her lawyer has struck out the "Lawyers Certificate" as well.

Has anyone any thoughts as to why someone would want to settle up all issues of the breakdown, but not proceed to the final step of getting a formal divorce?
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Old 05-04-2014, 12:03 PM
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Maybe getting remarried isn't in her priorities right now, so why spend the money?
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Old 05-04-2014, 12:31 PM
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Laziness

Cost

Wants to stay on health benefits

Religion

Inheritance
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Old 05-04-2014, 06:25 PM
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Health benefits, widows pension, etc.
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Old 05-04-2014, 06:33 PM
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has an excuse for the new partner to not get married.
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Old 05-04-2014, 07:43 PM
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offer to pay the divorce costs.....people are cheap
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Old 05-05-2014, 02:22 PM
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Quote:
Originally Posted by anxious View Post
Has anyone any thoughts as to why someone would want to settle up all issues of the breakdown, but not proceed to the final step of getting a formal divorce?
Because you can bring the matter before the Ontario Court of Justice instead of the Superior Court of Justice. The justices in the SCJ are MUCH BETTER than in the OCJ.

My recommendation would be to counter file for the divorce and put the matter into the Superior Court of Justice and get it out of the lower court. The lower court Application made by the other party will be all but lost and you will be before the SCJ.

I don't recommend people bother with the OCJ if they are able to go before the SCJ. The justices in the SCJ in most jurisdictions are family law justices and have MUCH BETTER experience hearing the matters.

People often don't file for the divorce because they want to stay in the OCJ and avoid the SCJ. Just file and serve in the SCJ.

Get your son a lawyer too.

Good Luck!
Tayken
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Old 05-05-2014, 05:11 PM
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Quote:
Has anyone any thoughts as to why someone would want to settle up all issues of the breakdown, but not proceed to the final step of getting a formal divorce?
It costs $167 to file for divorce. If you have no property issues, you don't have to pay to file.

Otherwise, religion or benefits may keep people from wanting the divorce.

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Because you can bring the matter before the Ontario Court of Justice instead of the Superior Court of Justice.
This is correct, generally speaking.

Some jurisdictions have unified the family court, so there are no longer OCJ vs SCJ procedural issues in those locations.
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Old 05-05-2014, 05:25 PM
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Originally Posted by OrleansLawyer View Post
It costs $167 to file for divorce. If you have no property issues, you don't have to pay to file.
Can you clarify this, please, OL? Are you saying that if all has been settled then there is no cost to file for Divorce? So if a couple has been separated long term and all issues have been settled, aside from ongoing CS adjustments there is no cost to file for divorce? Or is it if there were no property issues involved at all then there is no cost?

Sorry to be daft, just looking for clarification!
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Old 05-05-2014, 05:33 PM
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Quote:
Originally Posted by blinkandimgone View Post
Can you clarify this, please, OL? Are you saying that if all has been settled then there is no cost to file for Divorce? So if a couple has been separated long term and all issues have been settled, aside from ongoing CS adjustments there is no cost to file for divorce? Or is it if there were no property issues involved at all then there is no cost?

Sorry to be daft, just looking for clarification!
Well going through my banking statements, I had to write two cheques to the Ministry of Finance for my Divorce, one for $167, one for $280.

We had settled everything with a signed and witnessed Separation Agreement, there were no outstanding issues.
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