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  • grant the divorce

    Hello,

    The divorce was severed from the other issues, such as equalization.

    Divorce was granted. The certificate of divorce was issued.

    Trial arrived one year later. The respondent contested the divorce (!).

    In the Reasons of judgment, the judge says: "divorce is granted based on the one year separation". Final order doesn't mention anything about divorce.

    Question: What is the real date for the divorce: (1) the date of the divorce order that was issued one year before the trial or (2) the date of the reasons of judgment?

    Thanks.

  • #2
    As I understand it, you are completely divorced 30 days after the date the judge signs your divorce order. You can't remarry within those 30 days because your stbx still has the option of contesting the order and rendering you un-divorced (in theory - I have never heard of this actually happening).

    Once the 30 days have passed, both parties can seek changes to the divorce order (e.g. changes to the child custody arrangements or other elements), but can't contest the fact of the divorce itself. The marriage is done, over dead, finis.

    If your divorce was severed from corollary issues, what is it exactly that your ex is contesting? She may disagree with you about equalization or other arrangements and want to go to court to work this out, but I don't think she can contest the fact of the divorce - that ship has sailed.

    Comment


    • #3
      At trial, my ex argued our separation date was different. This trial was 8 months after the divorce took effect.
      So, the only sentence the judge mentioned in the Reasons for judgment after trial is: "the divorce is granted".
      Now, my ex believes the divorce took effect once the Reasons for judgment arrived. This document arrived 13 months after the divorce certificate was issued... Nobody cancelled or annulled this certificate.
      The date of the divorce is very important for issues like equalization.

      Comment


      • #4
        Yes, I agree, the divorce becomes final 30 days after the stamped date in your order.

        As far as making changes to the order, I thought I read somewhere that you must wait 6 months after finalizing the divorce for this.

        Comment


        • #5
          I find this quite interesting. I thought that everything had to be resolved (equalization, child and spousal support) before a divorce was granted. I specifically opted for an immediate divorce (granted due to adultery) so that I could get my divorce sooner (9 months later). We had to work hard to get all financial matters agreed to prior to meeting for the JDR (binding arbitration).

          We learn things every day on here.

          I do know that after you receive your divorce, and the 30 days has gone by without any objection to the divorce itself, you can file a Notice of Motion to change something in your divorce agreement. An example would be to file a Notice of Motion for a Change in Circumstances. My ex has done this 7 times (unsuccessfully). It seems like a backwards way to object to things in your divorce judgement. My ex would tell you that, even though he had one of the top lawyers in the city, he didn't understand the simple 6 page divorce judgement that he signed.

          I can tell you there is no benefit to getting one's divorce and then spending years in court to hash out areas that you disagree. To do so is a colossal waste of one's money and court time.

          Comment


          • #6
            Originally posted by arabian View Post
            I find this quite interesting. I thought that everything had to be resolved (equalization, child and spousal support) before a divorce was granted. I specifically opted for an immediate divorce (granted due to adultery) so that I could get my divorce sooner (9 months later). We had to work hard to get all financial matters agreed to prior to meeting for the JDR (binding arbitration).

            We learn things every day on here.

            I do know that after you receive your divorce, and the 30 days has gone by without any objection to the divorce itself, you can file a Notice of Motion to change something in your divorce agreement. An example would be to file a Notice of Motion for a Change in Circumstances. My ex has done this 7 times (unsuccessfully). It seems like a backwards way to object to things in your divorce judgement. My ex would tell you that, even though he had one of the top lawyers in the city, he didn't understand the simple 6 page divorce judgement that he signed.

            I can tell you there is no benefit to getting one's divorce and then spending years in court to hash out areas that you disagree. To do so is a colossal waste of one's money and court time.
            Divorce can be severed and granted. Ive been divorced for a year now and our trial is supposed to be next week for other stuff.

            Agreed with other posters, its final 30 days after judge signs it.

            Comment


            • #7
              For the purposes of equalization, it's the date of *separation* that matters, not the date of the divorce. Usually, the divorce is finalized only after equalization and other matters have been sorted out - your case is somewhat unusual (though not unheard of).

              You and your ex have to agree on a date in order to establish the value of the assets being divided (e.g. the market value of the marital home could change over time, or the value of other assets like pensions or RRSPs could go up or down). Usually the date you use is the date you officially separated. (Sometimes people choose a different date, such as the date they had a real estate agent assess their property). If you and your ex can't agree on when you separated, you can prove separation by showing that as of a certain date, one of you had opened a separate banking account, changed your address, signed a lease on an apartment, moved your belongings, etc.

              Your ex is just plain wrong about the reasons for judgment.


              Originally posted by sunnyday123 View Post
              At trial, my ex argued our separation date was different. This trial was 8 months after the divorce took effect.
              So, the only sentence the judge mentioned in the Reasons for judgment after trial is: "the divorce is granted".
              Now, my ex believes the divorce took effect once the Reasons for judgment arrived. This document arrived 13 months after the divorce certificate was issued... Nobody cancelled or annulled this certificate.
              The date of the divorce is very important for issues like equalization.

              Comment


              • #8
                I don't believe I've ever received a divorce "certificate."

                Maybe I'm still married.

                Comment


                • #9
                  Originally posted by arabian View Post
                  I don't believe I've ever received a divorce "certificate."

                  Maybe I'm still married.
                  Surprise, arabian! You're not really divorced until you get the certificate and the decoder ring and learn the secret handshake!

                  But seriously - you don't get a divorce certificate automatically, you have to request it from the court that granted the divorce. The main reason people request one is because they want to get married again and they have to prove that any previous marriage has been legally terminated. How do I know this? Because my ex announced his engagement, booked the venue for his wedding, and went ahead with the whole shebang without actually being completely divorced. Apparently he sort of forgot to mention this to his new fiancée. She was not amused when the wedding day came and there was no marriage license because he was still legally married to someone else. I received many irate nastygrams about that - apparently I had used my magical powers to slow down the court proceedings just to ruin his big day. That still stands as a sort of high-water mark for cluelessness, in my experience.

                  Comment


                  • #10
                    Well I don't think I'll be needing this certificate any time in the future.

                    Hilarious about your ex's big day! A year ago my ex's g/f sent me one of her crazy emails telling me how they were going to get married soon. I was mildly surprised because I thought she was still married (to our former employee). I had a friend who worked at a registry place and asked her to check it out for me. No application for divorce was on record. No application for a marriage license was on record. The funny thing is that she keeps this whole charade alive even to this day. Just a few weeks ago my son was alerted to Facebook where ex's g/f posted pictures of flowers my ex had given her on their "anniversary." I couldn't resist so I posted a brief "congratulations - must be your 7th anniversary?" I haven't heard a peep since then.

                    Comment


                    • #11
                      Hi,
                      You can severe the divorce from the other issues and get the divorce first. This is what I did.
                      Also: "You have six years from the day you separated to go to court to ask for a decision on the amount of the equalizing payment. If you get a divorce, you may have less time. You would have six years from the day you separated, or two years from the date your divorce is final, to go to court, whichever date comes first. "
                      So, the divorce date is very important, too.

                      Comment


                      • #12
                        Does anyone know of a case of how you refuse the divorce? Under what circumstances would a judge allow you to refuse the divorce? Is this something to "hold back" so that the ex will work better with you to get everything done. Apparently my ex also has a girlfriend---but apparently she loses her alimony if she moves in/marries the guy. I was crossing my fingers this would speed things up but no luck

                        Comment


                        • #13
                          I never got a certificate either....I hear it's $20 to get one at the Court Office...not worth my time or gas...after all it's just a piece of paper.

                          Comment


                          • #14
                            My feelings exactly. Would be nice to frame and put in an outhouse somewhere though but I wonder if the cost of framing is worth it?

                            Comment


                            • #15
                              Arabian: Dollarama frame ....that'll be the cheapest thing one might ever spend on divorce! LOL!

                              Comment

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