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Old 10-12-2005, 09:56 AM
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Default Uncontested divorce...it's been almost a year!

Hi Everyone,
Now that I am introduced to this site, maybe I can finally get some insight and direction from other's whom might have or are currently going through the same situation. My ex and I are currently in the process of finalizing our divorce....however our papers (which I initiated) were signed back in January...thru several road blocks for reasons that are unknown since my ex and I are mutually using the same lawyer. Whom is not a divorce lawyer but yet an Insurance Litigation lawyer whom owed my ex a favour . Needless to say it's been 9 months and still the process continues. Every time I contact the lawyers office or my ex..I get the run around telling me that there was yet another problem. I had in September decided to take this matter into my own hands since I was getting no where fast with contacting my ex and his lawyer "friend". I contacted the Receiver General's office directly and all they c tell me is another 4-6 weeks then another 31 days if our application is accepted. Our application was already rejected once because of a clerical error completed by the lawyer's law-clerk. I'm at a loss and not sure what to do. I want to move on with my life, and close to the door to my past. Until I can get clousure I feel like I can't move forward.
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Old 10-12-2005, 10:45 AM
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Hi Mans,

Welcome to our forum. I understand situations like this can be quite frustrating.

Courts can be very picky when it comes to divorce documents. As aggravating as it may seem, they are doing this for your own protection. Particularly, if children are involved and child support is an issue, a judge will not sign a divorce order unless he or she is satisfied that the children are properly supported.

I don't have all of the details, but it sounds like you are in the final stages of an uncontested divorce. Chances are the affidavit for divorce and ancilliary documents have been submitted and sent up to the judge. If all goes well, the divorce order will be signed. Once that happens, there is a 31-day waiting period from the date of the divorce order before you and your ex are officially divorced.

If the divorce order is not signed, you may want to consider speaking with another lawyer to complete your divorce. This will depend, however, on whether you are the applicant in simple uncontested divorce or if this is a joint uncontested divorce. If you are a respondent in a simple uncontested divorce and have noted yourself in default, there is not much you can do at this point. If this is the case, you may want to consider suggesting to your ex that the divorce be completed with another lawyer.

Lindsay
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Old 10-12-2005, 09:06 PM
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Hi Mans, and welcome to the divorce forums!

I just wanted to add a couple of additional thoughts I had:

1. In general, use a lawyer who specializes in family law. Family law is actually quite a complex field and hard just to dabble in.

2. I generally don’t recommend joint divorces. I think that the only advantage is that they’re supposed to go faster than a regular uncontested divorce. I’m not sure that this actually happens in practice. Once you apply for a divorce, the court needs to wait for clearance from a central government agency before it can proceed. That’s going to take the same amount of time regardless of whether you are proceeding with a joint divorce or an uncontested divorce. The problem with a joint divorce is that you and your spouse have to cooperate throughout the process. If you could cooperate, would you be getting a divorce? If cooperation breaks down during a joint divorce, it can result in a lot of extra hassle and expense to resolve - you don’t take this chance if the divorce is uncontested.
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