Waiving waiting period due to impending birth of a child alberta

[blueriver]

Hello to All members!
Very helpful site with tons of exhaustive information on various cases.
Here is my question. I would appreciate any advice on how to possibly deal with it.
My fiance is in the process of getting divorced in Alberta. Statement of claim for divorce has been filed back in Oct 2012. The divorce proceeded as uncontested. He and his wife have an agreement in place and all has been settled. The divorce papers have been filed with the court and we are waiting for the Divorce judgment to be signed which might be few weeks away.
I am 7 months pregnant and we are hoping to get the divorce certificate on time and be able to re-marry before our child arrives.
The problem is that his wife is not co-operative at all and would not sign to waive the 31-day waiting period. Is there anything we can do or ask the court for help/advice on that? We want this child born in a wedlock.
I am so stressed out. His wife hates me although she has never even met me and my fiancee is such a sweet man, but she is very disrespectful and hostile to him for no reason and now that we are expecting a child together she is simply losing her mind.
Please advise!
Thanks in advance for all replies.

[mom2three]

Well.....................under 12(2)(a) of the Divorce Act, the 31 day wait for a certificate can be waived IF "the court is of the opinion that by reason of special circumstances the divorce should take effect earlier than the 31st day..."

If you are willing to spend the money to bring this forth I suppose you can try. I don't know if having a child out of wedlock would be considered a special circumstance; afterall, it didn't matter prior to conception, no?

No need to blame the ex for apparent delays. The law is the law. Consider yourselves lucky she didn't contest it.

[blueriver]

I read that the impending birth of a child or death of family member are reasonable grounds to be considered. Being that said I am not aware of the process itself and what steps need to be taken, etc.
My concern is that his ex could still appeal the judgment for any reason just to cause delays :-(

[standing on the sidelines]

so what if you get married after the child is born, lots of couples do. Its not a big issue and no need to get stressed over it.

[arabian]

you should have gone for adultery (sounds appropriate) for a speedier divorce.

No I believe the 31 days is in place for a good reason.

You sure didn't waste any time. I can understand why the ex is a tad upset... ink isn't even dry on the divorce and he's having a child with someone else. Sheesh. Hope he's worth it and doesn't do the same to you some day.

[blueriver]

Actually his wife left him for another man and she moved in with him in 2010. They just didn't commence the divorce until last year. we have been in a relationship after their separation.

[mom2three]

you should have gone for adultery (sounds appropriate) for a speedier divorce.

Nope, the spouse doing the adulterating can't rely on his own misbehaviour as a ground for divorce.

I wonder what happens if both of em are doing the adulterating; guess they have to wait that long whole year. Oh, wait, one of em can claim cruelty.

[arabian]

LOL Why do these sorts of people bother to get married? Let me guess - religious beliefs.

[billm]

so what if you get married after the child is born, lots of couples do. Its not a big issue and no need to get stressed over it.

Not a big issue to you, but that isn't relevant

[billm]

...

No need to blame the ex for apparent delays. The law is the law. Consider yourselves lucky she didn't contest it.

There is every reason to blame the ex. She is being vindictive and petty. Lucky man to be rid of her.

[billm]

you should have gone for adultery (sounds appropriate) for a speedier divorce.

No I believe the 31 days is in place for a good reason.

You sure didn't waste any time. I can understand why the ex is a tad upset... ink isn't even dry on the divorce and he's having a child with someone else. Sheesh. Hope he's worth it and doesn't do the same to you some day.

Arabian, the OP gives no timeline regarding separation etc, so your assumptions are out of line, not to mention rude.

[standing on the sidelines]

Not a big issue to you, but that isn't relevant

not a big issue to lots of people. If it was so important to have a child within the confines of wedlock then conceive the child after marriage.

[paris]

I asked the judge to waive the 31 day period as I was getting remarried. It was done. My sister also asked the same of her judge because she felt she'd "waited long enough". Hers was done too.

[blueriver]

Like I said the wife has left him for another man she was in a relationship with and that took place in 2010, so they have been separated for a year. I met him in 2012. We love each other and want to get married. I don't see anything wrong here. I truly wished his ex had a peace of mind and could move on with her life and be happy, but unfortunately that is not the case. He paid her everything she wanted. He is a great dad to their two children too. We have them every other weekend and he is paying child support as he should. It is beyond me but she is not happy to think there is someone else in his life now, because according to her this is not fair to their children.
I simply want peace and quiet and be done with this divorce. Life is too short to waste time and energy on fights when there isn't even a reason for such. I was just seeking for some advice and hoping people would share their experience with waiving the 31 day waiting period.

[blueriver]

I asked the judge to waive the 31 day period as I was getting remarried. It was done. My sister also asked the same of her judge because she felt she'd "waited long enough". Hers was done too.

Hello paris!
Did your ex spouse provide you with their consent to waive the 31 day waiting period?
Thanks.