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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 08-07-2013, 02:48 PM
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Default I Just Want a Divorce!

Hoping someone can help me out as I can't seem to find any definitive answer. I have filed a notice of family claim, had it served on other party, and 30 day waiting period is over. To proceed, I have to submit evidence that custody/child support have been dealt with. Here lies the problem! The divorce will obviously go through supreme court, but the custody/support issues are currently locked up in provincial court. The process has been painfully slow, with stbx adjourning and bringing new motions to delay a final decision. Is there any way that I can proceed with divorce while this is still ongoing? Can I sever the divorce from corollary issues if we are in 2 different courts (in BC)? Thanks in advance...
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Old 08-08-2013, 10:04 AM
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Originally Posted by ceilidh1 View Post
Hoping someone can help me out as I can't seem to find any definitive answer. I have filed a notice of family claim, had it served on other party, and 30 day waiting period is over.
Are you filing in British Columbia? Reason I ask is that "notice of family claim" is what it is referred to in BC.

With regards, it really doesn't matter too much as you are seeking a Divorce which falls under the federal Divorce Act. It matters in that custody, access and equalization have to generally be settled prior to making a divorce order.

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Originally Posted by ceilidh1 View Post
To proceed, I have to submit evidence that custody/child support have been dealt with. Here lies the problem!
Well, you could get the divorce ordered possibly by requesting the presiding Justice sever the divorce from corollary issues. Justices in the SC don't like to do this often without consent of the other party and especially in matters where Custody and Access are NOT settled between both parties. They will often order a divorce on corollary relief when only equalization of NFP is outstanding generally.

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Originally Posted by ceilidh1 View Post
The divorce will obviously go through supreme court, but the custody/support issues are currently locked up in provincial court.
Not sure about BC but, in Ontario the filing of a Divorce will automatically spawn the closure of the OCJ matters and have them transferred to the SCJ generally. So, if you have applied for divorce, you may have automatically moved all your matters into a whole new court jurisdiction. Everything...

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Originally Posted by ceilidh1 View Post
The process has been painfully slow, with stbx adjourning and bringing new motions to delay a final decision. Is there any way that I can proceed with divorce while this is still ongoing?
First things first is the clean up of the provincial court file and movement to the federal court file.

Second, why do you need a divorce? You planning to get married soon? A divorce is generally "symbolic" and only needed to get re-married. Many people get separated and never go through the mundane process of getting a "divorce" until one (or both) of the parties are getting re-married.

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Originally Posted by ceilidh1 View Post
Can I sever the divorce from corollary issues if we are in 2 different courts (in BC)? Thanks in advance...
Not sure, generally in Ontario (the jurisdiction I am familiar with) the OCJ would be transferring the matters to the SCJ once someone starts the process of Divorce under the Divorce Act.

Good Luck!
Tayken
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Old 08-08-2013, 10:31 AM
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Originally Posted by Tayken View Post
With regards, it really doesn't matter too much as you are seeking a Divorce which falls under the federal Divorce Act. It matters in that custody, access and equalization have to generally be settled prior to making a divorce order.


Well, you could get the divorce ordered possibly by requesting the presiding Justice sever the divorce from corollary issues. Justices in the SC don't like to do this often without consent of the other party and especially in matters where Custody and Access are NOT settled between both parties. They will often order a divorce on corollary relief when only equalization of NFP is outstanding generally.


Good Luck!
Tayken
While I am located in Ontario and not BC, my divorce was severed and granted back in December with a trial scheduled for the end of November. The only other thing ordered was I have temp custody of my daughter with no access. Everything else will be decided at trial. Both parties agreed to it.
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Old 08-08-2013, 10:58 AM
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While I am located in Ontario and not BC, my divorce was severed and granted back in December with a trial scheduled for the end of November. The only other thing ordered was I have temp custody of my daughter with no access. Everything else will be decided at trial. Both parties agreed to it.
As stated previously:

Quote:
Originally Posted by Tayken
Justices in the SC don't like to do this often without consent of the other party and especially in matters where Custody and Access are NOT settled between both parties.
1. Takeontheworld's custody and access matters was settled/ordered (temp custody of the child with no access to the other parent).

2. Takeontheworld and the other party to the matter consented (agreed to it).

Therefore satisfying the two elements as stated previously as to what a judge will look for (a) custody and access matters be settled or ordered (not necessarily FINAL) and (b) consent from the parties to order the divorce.

Good Luck!
Tayken
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Old 08-08-2013, 06:11 PM
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Thanks for the responses!

Just to clarify, I am hoping to complete the divorce without need to go to court for it (desk order?) There has been no response to the notice of family claim, so technically it is uncontested, right?

We have an interim order for custody/access but nothing in place for child support as yet. We do have another trial scheduled for September (adjourned from March...) so maybe things will get sorted then and it would be worthwhile just waiting for that and going from there. Doubtful he would consent to anything at the moment, so not even going to suggest it!

No equalization needed as no property, assets, debts....that's the easy bit!

LOL! Get married again? Ha, not a chance. I was more than content to not bother with divorce, but stbx initiated it in the US (luckily it was thrown out there as he had not completed the 1 year residency). My fear is that if I don't at least start the process here, he is likely to try it again in the US, forcing me to have to travel there with the kids (which I have neither the time or money to do!)

Thanks again, I appreciate the input!
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