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  • Ex will not finalize

    Does anybody know how I can get the divorce thru the courts without my ex's involvement. My ex does not want to allow the finalising to go through.

    Thanks

  • #2
    If you have grounds for divorce (i.e.: separated at least one year) there won't be much your ex can do to stop the it. However, you can't proceed without their knowledge or "involvement". Divorces require a court action which has to be served on the other party; your ex can contest the divorce but ultimately won't be able to stop it if there are grounds.

    Your ex can, however, contest various other issues, such as division of property, spousal support, and (if there are children) issues surrounding custody, access, and child support.

    Perhaps a little more detail would be helpful. Have your served your ex with a Writ and Statement of Claim? Have they replied?

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    • #3
      If you start an application for divorce with the court, and serve your ex with the papers, there is really nothing she can do to stop it. If she doesn't file her answers or doesn't show up in court, the divorce will still go through, based on the information you provided (your wants and needs). I'd start an application right away if I were you.

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      • #4
        I guess I should have given more info ...

        Sorry guys ... thanks for the posts so far

        We have been separated for about 18 months - separation agreement and all. My ex does not want to submit final papers for the actual divorce and I just want to get it over with - hence my original question.

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