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Question - Contested Divorce

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  • Question - Contested Divorce

    I have a question regarding a friend's situation.

    He has been separated for 2 1/2 years. He and his wife had agreed on all issues regarding custody and both signed a separation agreement. They filed for a joint divorce in May. Now the wife has filed an application stating that she has issues with the separation agreement - nothing specific about financial aspects or custody. My friend's lawyer feels she is just prolonging the divorce because she doesn't seem to have a valid claim on what point she disagrees with.

    What are the options at this point and how long will it take? My friend is definitely not looking at a reconciliation and the wife doesn't seem to want to let the marriage officially end. He just wants the quickest way out.

  • #2
    Hi Sunny Days,

    I'm not sure I understand. The parties filed a joint application in May, and then what happened? Was there some kind of delay (i.e. one or both parties not filing all of the docs they should have) to prevent the divorce from completing?

    The wife cannot file an application asking for a divorce and other relief when an application for divorce already filed. Is your friend sure he never received a divorce order? He would have received it in about August since it takes approx. 3 months for a divorce to complete.

    It would make a bit more sense if the divorce was completed and then the wife brough a new application under a new court file number to deal with other issues arising out of the separation of the parties. Is that what may have happened?



    • #3

      Sorry. I guess I worded it incorrectly.

      They filed a joint divorce application and then she submited a petition against the separation agreement. Which has essentially stopped the divorce. According to the lawyer, the only options would be to either to file a new application or set a trial date. Is this correct?

      Either way, what time period is he looking at?


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