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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-05-2012, 10:12 PM
superdadcanada superdadcanada is offline
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Default Obtain Divorce, Need Advice.

Hi everyone,

I recently came across this forum and amazed to see how much information is available, still found myself lost sometime as the process is very complicated.

Long story short I have been separated for close to two and half years now, and may end up at family trial, my stbx falsely accused me of things that I couldn't possibly imagine doing in my dreams, I fought the criminal trial and found to be not guilty, don't know why she did what she did, nothing was said and done to my x for her actions, the usual stuff, anyways.

when I initiated the family proceedings I never asked for divorce in my application, my x replied and asked for divorce in her answer.

I went to the Oshawa family court today and was bombarded with lot of technical steps by a duty counsel on how to obtain divorce before things can be finalized in family court, I tried to understand but failed and my time was up, being self represented I often feel lost, I would appreciate if any of my brother's going thru something similar can guide me to obtain divorce before the family stuff is finalized, I would like to commit to a new relationship and want divorce.

1. separated for 2 1/2 years
2. everything is in dispute including custody, access, equalization, spousal support.
3. I'm paying child support for my girl as per the guidelines.
4. no matrimonial property in dispute.
5. I never asked for divorce when I initiated family proceeding, my x did in her reply to my application.

any advise is appreciated.

Old 11-06-2012, 08:20 AM
KMF KMF is offline
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Because custody and access isn't settled, you would need an order that severs the divorce from all the other issues. If you don't get this, I don't think you're allowed to proceed with a divorce.
Old 11-06-2012, 09:01 AM
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hadenough hadenough is offline
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There are countless books out there at the Library or for purchase, re: Divorce. "Surviving Your Divorce" by Michael Cochrane sells for $29.99 and it is an excellent resource for both Divorce and Cdn Family Law.

Educate yourself. If you do not have a lawyer it is the least you can do.
Old 11-08-2012, 12:18 AM
superdadcanada superdadcanada is offline
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Thanks you KMF and hadenough.

I was told by a lawyer that I need to amend my application as I havent asked for divorce in my application but my x did, any one know how to go about amending your application?
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