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  • Amending an Application/Answer

    From Inspiration to Uhhg!

    A little background...
    My boyfriend (respondent) had a case conference last Friday whereby he asked and was awarded an order to sever the divorce from the corollary issues.

    HOWEVER, because of bad legal advice (and being self-represented), he failed to make a claim for a divorce on his 'Answer' (Form 10).

    He was told today that he will need a letter of consent witnessed and signed by both himself and the Applicant in order to submit an amended Answer. So far, the applicant refuses even though the order to sever is still valid...he just needs the claim in the courts!

    If she refuses, does he need to file a motion and what is that process like? How long till it will go through?

    Also, they will have been legally separated for 1 year this Feb 15. How wise would it be IF he were to apply for divorce even as the original case is in the courts? He was told that the cases would be heard separately and would take longer. Is that true?

  • #2
    What he should do is write her a letter stipulating what the judge recommended on what ever date you were in court. Be sure to take the judge's exact wording even if you need to go and get a copy of the endorsement when writing a letter to her, along with it send two copies of the letter of consent to amend the answer to her for her signature. There should be 4 pages the cover letter with reference to the judges endorsement name of Judge and date. A copy of the endorsement and 2 copies of the consent letter to her. This will be your back up when you return to court (as you most likely will) of her non cooperation in this matter to the judge.

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    • #3
      Thanks for your advice Dovan! We were actually getting all of the stuff you suggested ready, when she called and said she would sign the consent. Seems she got some advice from a lawyer after my partner told her yesterday about how he would be awarded costs is this went to a Motion.

      However, I think we'll have everything ready just in case she changes her mind.

      Again, thanks for your help!

      Comment

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