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  • Looking for directions

    Hi all! i never thought i will have to talk about my own divorce ,but life is a journey and here I am today. Not sure if im posting in the right thread? Just looking for basic info on divorce process in Alberta,married with 2 children. My spouse recently said divorce is next for us,started taking our kids away without permission /notice, for a few days at a time,visiting relatives seem to pour" gas on fire", we both on the home title but i never paid on the mortgage since it started, also mortgage is not on my name.I actually dont want to divorce.Any directions/suggestions are very welcomed! Thank you!!!

  • #2
    Hi there and welcome.

    I would suggest you have a look through the forums and try searching for specific information you are looking for using the search function. Once you have an idea of what specific questions you have that you haven't yet been able to answer through the information already available in the forums, then post your specific questions. This will make it much easier for people to offer their thoughts and advice.

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    • #3
      Here are some posts I've made in the past that might be enlightening, but until you have more specific questions, it's hard for us to help you.

      http://www.ottawadivorce.com/forum/f...tml#post158054

      http://www.ottawadivorce.com/forum/f...02/#post150331

      http://www.ottawadivorce.com/forum/f...318/#post44948

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      • #4
        Thanks for your advice/links. Because of the visitors(spouse relatives ) ,police advised me not to go back home for a few days untill those people leave,thats after i made a complaint i regards to their behaviour . What should i do next ideally? Theres no replies/communication from their side.I understant that if my spouse proceeds with divorce,there will be documents for me to sign for from registered mail,then if i dont reside home and I dont pick up i assume that could affect me ? could they say that i abandoned my residence? Their verbal demands yesterday were: to transfer car ownership and to remove my name from house title.Im assuming they didnt have professional advice at that point.

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        • #5
          *in regards

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          • #6
            How many years have you been married? How many years living together? (Alberta has specific matrimonial property laws.)

            Are you supported by your wife?

            Don't take any advice from relatives. Police are keepers of the peace, not lawyers. You might want to consider a consultation with a lawyer. If you have no income you could see if Legal Aid could assist you.

            Don't worry about being at your home to receive divorce papers etc. There is a legal process that has to be followed which your wife's lawyer would be only too aware of.

            Weather or not your name is on the title of the property isn't relevant if the two of you are married. You have "dower" rights (unless you signed them off with independent legal advice). Don't jump ahead of yourself. A competent lawyer will explain things to you.
            Last edited by arabian; 07-14-2016, 07:21 PM.

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            • #7
              Married for 6 years and living together since .Currently i am supported.Paid a visit to legal aid and they say im eligible ,also the community center offered today a free clinic where i could ask questions but not pesronallly tailored,i found it very useful. It was lead by a law student supvised by a lawyer.I do have a better understanding now.They also gave out for free the booklet that they went over .Home - CPLEA.CA and a 45 min personal consultation with a lawyer is available through appointment.Thanks everyone for your replies.

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              • #8
                Get your facts together and don't sign anything or leave the house without the advice of a lawyer especially in regards to large things like the home, kids, and divorce. Most likely you will end up in a family case conference or court then a family case conference before any orders are made. It is a long process, the house can be a good bargaining part of it, don't sign that away! They are paying the mortgage, while you are on title, that is something they will try to change asap.
                Last edited by undersc0re; 07-14-2016, 11:48 PM.

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                • #9
                  it seems my earlier post didnt come up,i went to legal aid and i got their support,also a clinic on divorce helped me lots. We are married for 6 years and living together since,lately being supported by spouse.

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                  • #10
                    I hope that you will be able to come up with your half of the mortgage and bills.

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                    • #11
                      Originally posted by AlbertanPhoenix View Post
                      it seems my earlier post didnt come up,i went to legal aid and i got their support,also a clinic on divorce helped me lots. We are married for 6 years and living together since,lately being supported by spouse.
                      As a new member your posts are moderated and must be approved by a moderator before they will appear.

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                      • #12
                        I see,i thought it was my internet connection to blame.Thank you for letting me know!

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                        • #13
                          Np....it should go away shortly

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                          • #14
                            Originally posted by undersc0re View Post
                            Get your facts together and don't sign anything or leave the house without the advice of a lawyer especially in regards to large things like the home, kids, and divorce. Most likely you will end up in a family case conference or court then a family case conference before any orders are made. It is a long process, the house can be a good bargaining part of it, don't sign that away! They are paying the mortgage, while you are on title, that is something they will try to change asap.
                            Actually the link you provided really didn't show me how it would be of any use to you in your current situation... perhaps I missed something?

                            You will find oodles of information on this forum. Use the search button and don't hesitate to ask anyone on here for assistance on any topic. There are some pretty wise people who have gone through family court process.

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                            • #15
                              Actually i couldnt find it on that website ,i assumed it would work since the webpage is printed on last pag of the booklet I did have more luck with a google search,thats the actual one that they handed out.Thanks for pointing it out. http://www.cplea.ca/wp-content/uploa...tyDivision.pdf

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