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  #11 (permalink)  
Old 07-30-2012, 04:24 PM
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Quote:
Originally Posted by castaway View Post
If her papers were accepted in any manner, wouldn't a Process Server be required to serve copy of same to me? And, if I have to reply, don't I have to once again get a Process Server to deliver any copy to her? Not too clear on this point. I know my original Application was served to her by a Professional Process Server in the U.S. Anyone know for sure about this point??
Even if they weren't accepted the Answer should have been served on you (or your lawyer) and the court.
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Old 07-30-2012, 04:37 PM
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I am having hard time believing that divorce order can be issued that fast. Doesn't it take about 4 month for the entire process at maximum pace (includes registry checks and other divorce applications etc)?

Also, doesn't the filing the answer deadline increase to 60 days when the respondent in living in a foreign country?

Last edited by singledad99; 07-30-2012 at 04:46 PM.
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Old 07-30-2012, 04:55 PM
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Don't know what the answer deadline is in this case but usually spelled out on last page of divorce after judge's signature.

Divorces can go quickly, particularly if no children involved and parties have lived apart for over a year (or one have agreed to adultery or cruelty for grounds). If all financial, matrimonial property issues are dealt with then you can be divorced as soon as you get a signed divorce judgment.
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Old 07-30-2012, 05:01 PM
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Quote:
Originally Posted by singledad99 View Post
I am having hard time believing that divorce order can be issued that fast. Doesn't it take about 4 month for the entire process at maximum pace (includes registry checks and other divorce applications etc)?
Took roughly 5 weeks for mine. 4 weeks for someone else I know.
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Old 07-30-2012, 05:10 PM
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Hello, singledad99:

The entire process (original Application, etc), started in May and it clearly states on the form that the time frame to answer is 30 days if Respondent lives in Canada or the U.S. and 60 days if it's some other foreign country. In my particular case, the spouse was served on May 25 and the time limit expired on July 9. I can only assume that all the paperwork submitted by me met the criteria and because no Answer had been received (and no kids involved), the Divorce Order was granted. My application was for DIVORCE ONLY (no dealing with property or support issues at that time). Still have that fun to look forward to, but as mentioned in my previous, rambling posts, this "marriage" was the wierdest thing I've ever encountered. Didn't anticipate or plan to be married but still living and working single in Ontario and just short 'visits' whether I liked it or not. I'm sure, in hindsight, this was just an 'opportunity' and 'convenience' for my US spouse, unbeknownst to me. Talk about feeling like a total fool, now. Very grateful there were no kids involved. Too many people stay in extremely unhappy, unfulfilling marriages trying to protect the kids. Personally, my opinion is that children are much better off with mutually caring, co-operative parenting than living in a 'toxic' household. Anyway, just hope my particular journey from Hell will soon be over the the EX will stop writing, txting, phoning, and just showing up unannounced. I truly don't wish her any harm -- I just plain don't want anything more to do with her and her twisted expectations/demands.

Good Luck with your own journey!!
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Old 07-30-2012, 05:13 PM
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My understanding is the Divorce is effective with the Divorce Order. However, neither party is free to re-marry for another 31 days after the Order. Good Lord, an Ex could cause all kinds of havoc in another 31 days waiting period. Hell Hath No Fury...........Just a true today as it's ever been.
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Old 07-30-2012, 05:15 PM
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My information is that the Divorce Judgement is just being put in the mail either last Friday or today. She was at the Court Thursday.
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Old 07-30-2012, 05:23 PM
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Quote:
Originally Posted by castaway View Post
Another question, can a Spouse serve the Answer or Reply to the other spouse themselves? It was my belief the serving of documents could NOT be done by one of the parties involved in the action.

Please comment ASAP as it's now day 3 since the late Answer attempt.
Thank you.
Quote:
RULE 6: SERVICE OF DOCUMENTS

SPECIAL SERVICE — DOCUMENTS THAT COULD LEAD TO IMPRISONMENT

(4) Special service of the following documents shall be carried out only by a method set out in subclause (3) (a), unless the court orders otherwise:
1. A notice of contempt motion.
2. A summons to witness.
3. A notice of motion or notice of default hearing in which the person to be served faces a possibility of imprisonment. O. Reg. 114/99, r. 6 (4).

SPECIAL SERVICE — RESTRICTION ON WHO MAY SERVE

(4.1) Subject to subrule (4.2), special service of the following documents shall be carried out by a person other than the party required to serve the document:
1. An application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N).
2. A motion to change (Form 15) and change information form (Form 15A) or affidavit permitted under subrule 15 (22), with required attachments.
3. A document listed in subrule (4). O. Reg. 6/10, s. 1.

EXCEPTIONS

(4.2) Subrule (4.1) does not apply if,
(a) the party required to serve the document or the person being served is a person referred to in clause 8 (6) (c) (officials, agencies, etc.); or
(b) the court orders otherwise. O. Reg. 6/10, s. 1.
unless I miss something I do not see why other party can not serve you an answer but you can not serve Application personally.
  #19 (permalink)  
Old 07-30-2012, 05:27 PM
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At the time of my divorce I asked my lawyer about this. He said that I was divorced as of the date in the judgment indicated by judge but that my ex did have a 30 day window to appeal. Ex had a stupid, high-profile lawyer who didn't point the 30 day appeal time out to him (or so he said at the time). I think the lawyer just didn't want him as a client after that.
  #20 (permalink)  
Old 07-30-2012, 05:31 PM
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Good for you. Don't think I could be that lucky with this vicious, self-serving witch.

I'll be back posting again when I get more information from the Court. My EX just left a message on my phone saying she has a lawyer in Ontario -- don't know how she did that -- do we pay for legal aid for Americans??
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