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3 yrs separated, quick divorce possible?

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  • 3 yrs separated, quick divorce possible?

    Hi, ex and I have separation agreement from 3 years ago, assets divided, 1 child and custody decided, the only thing that hasn't happened is the cpp division thing (apply to have credits split or whatever) and apply to have standard life RPP divided (both are in sep agreement, just haven't gotten around to doing it, neither of us cared to get it done yet and we know it's done based on the date of separation so not a concern).

    We never went to court, just had each a lawyer for independent legal counsel, spousal support was 2.5 yrs (over last summer) from a 12yr marriage. Arrangement is very amicable and civil.

    If I fill out the divorce app, and she has no problem signing it and won't try to derail the process or make new claims, is it possible to get it done without a judge deciding to stick his nose in the situation and change things? That's been my concern with getting final divorce done, that he/she might decide to change terms of SS? Do they do that? (I know terms can be changed if there's a battle in court or one party isn't happy but in our situation, my ex would just say 'where do i sign' to get divorce official and not try to change any terms...it's the judge I'm worried about).

    Dan...

  • #2
    The judge won't interfere. You simply fill out this form:

    http://www.ontariocourtforms.on.ca/f...un1507-ODA.pdf

    Check off Simple (Divorce Only) ... you can sign/file it on your own OR even better, both you and your ex sign and then one of you take it to your local courthouse.

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    • #3
      Would we even go before a judge (in court or chambers)?

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      • #4
        Just read that word doc... do i really need to have a 'lawyer's certificate'? I have a receipt from her lawyer that refers to her getting 'ILA', while i just have my bill for my one hour consultation with my lawyer. Her lawyer rewrote our sep agreement for an extra $1200 beyond her ILA bill.

        I DO NOT want to pay hundreds of dollars to get the lawyer's to sign the divorce papers, especially since they will not just sign it, they'll try to create billable hours.

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        • #5
          It says the lawyer signs that part if you are represented. I imagine you are no longer represented at this point, since your agreement was done three years ago.

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          • #6
            They were one-time visits to lawyers to satisfy ILA requirement, we don't have 'regular representation'

            From reading the app, it doesn't even say we have to show our separation agreement? I'm trying to figure out how involved they get. And reading sites on the net, I get the impression that if it's a joint app for divorce only with nothing disputed we won't even have to sit in front of a judge... is that the case, or will we have to sit in front of a judge at some point?

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            • #7
              As I understand it, a judge *could* refuse to sign a divorce order if s/he believes that the terms of the order (which you and your ex have agreed on) are unjust or violate laws. This is why it's good to at least pay for a lawyer to read it over and make sure everything is kosher. The divorce order doesn't have to be elaborate, but it does have to cover all the bases. It's best to incorporate most if not all of the substance of your separation agreement into the divorce order, i.e. you can't just say "we will follow the separation agreement of [date]".

              From my experience, the more likely obstacle is that the whole application could be returned to you because it was wrongly formatted, or missing some piece, or incomplete in some way. I had mine turned back because I had transposed the order of my ex's two middle names. So be very sure to dot every I and cross every T and append every document required, even if you think the format requirements and legal terminology are silly or pointless.

              I didn't have ILA - just paid for an hour of my lawyer's time to confirm that everything looked good, and submitted it to the courthouse myself. You certainly can do it yourself, as I did, and save money, but be prepared to devote a lot of time fussing over the specific details and getting everything just perfect so it won't be sent back to you for revisions. You save money, you spend time.

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              • #8
                do i really need to have a 'lawyer's certificate'?
                If a lawyer is acting for you, the lawyer needs to sign that they went over s.9 of the divorce act; if you do not have a lawyer assisting you with the divorce then no signature is necessary.

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                • #9
                  Regarding Financial Statements, I'm reading references in places to include them then other references that say 'if applicable'. If it's a joint order that's uncontested on any points (everything laid out in separation agreement), it's only form 8a that is filled out correct?

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