Final Step(s) ??

[SomeGuy]

Greetings,

More than a month ago we reached settlement at mediation. The "settlement" is a scrawled up copy of my final Offer to Settle. This was faxed to the courthouse to call off the trial (aside... lawyer charged $132 for faxing this 8 page document).

We have both complied with the terms of the agreement (financial, property, etc).

All that is left is to get divorced. My lawyer (who was never easy to deal with) continues to ignore my calls and questions.... but is however dreaming up new ways to bill me as I just got my September invoice.

Can I "self rep" at this stage? What is left to do?? i.e. type up the scrawled up OTS all nice and neat? Make sure the other side agrees?? Then what are the actual step(s) to finally end this nightmare??

[standing on the sidelines]

I don't see why you cant just file for the divorce yourself now. All issues have been settled. The offer to settle was accepted by the other party I take it?

[SomeGuy]

Yes. We all (me, her, lawyers, mediator) all signed, initialed and have a copy of the document. She gave me money... I gave her house... done.

Lawyer says we need to type up "scrawled OTS" and get other side to agree (it's 8 very detailed pages)... and there's tricky details about ongoing support contained in the scrawls... but we've essentially fully complied with its terms to date.

Can that scrawled OTS be used as a "formal" document when CRA comes knocking?

What specifically does "filing for divorce" entail ??

[SomeGuy]

One more detail.... I just noticed the scrawled OTS has "Minutes of Settlement"... "these terms to be written into Final Divorce Order".

What is a Final Divorce Order?? I know my lawyer will try and charge me $4500 to do this...

[HappyMomma]

One more detail.... I just noticed the scrawled OTS has "Minutes of Settlement"... "these terms to be written into Final Divorce Order".

What is a Final Divorce Order?? I know my lawyer will try and charge me $4500 to do this...

For me, the minutes of settlement were typed up and sent to my ex for signature. That copy was then sent to the court, issued and signed by the Judge who presided over the conference. My understanding is that either party could type it up. My lawyer did it because my ex was self-repped. If you think your lawyer is going to charge you too much then maybe hire a different lawyer to do it? Or see if your ex's lawyer would be willing to do it?

You know you can ask to have your bill assessed right? Sounds like it might be warranted.

[SomeGuy]

For me, the minutes of settlement were typed up and sent to my ex for signature. That copy was then sent to the court, issued and signed by the Judge who presided over the conference.

Thanks HappyMomma and Standing....

More specifically, my "Minutes of Settlement" come from a mediation session. They were then faxed to "the court". There is no Settlement Conference judge.

I'm having a heck of a time figuring out what to do next ??

Are "Minutes of Settlement" valid for CRA?? or do I need a "Divorce Order"??

What are the steps to get a Divorce Order in my situation??

Sorry for the basics... but it's my first time through this nonsense...

[DowntroddenDad]

Process - How this all works

I didn't use my lawyer for the filing, I used these guys.
Yes, I had to go over what they had written carefully, there were a few typos.

But even if you don't want to use them, their description of the process is fairly informative. My lawyer had quoted $2000 for the divorce, these guys were under $1000 which included hundreds in court fees.

[forthekids]

Can you not type it up yourself and send it to her lawyer/her to sign off on form and content, have it endorsed and file it? done deal? I think you have to remove your lawyer from the record properly (i think there is a form) that way no further correspondence goes to him and should come to you directly. No doubt he'll charge you for reviewing anything.

You can still utilize any FLIC office as much as possible. There are free legal clinics everywhere.

[Summer13]

My understanding is once you have a final order covering all topics you, yourself can file "simple divorce" application and include your final order. It goes for approval and thats that!!! I beleive the form is on the Ontario Court Forms website.

**Based on a friends experience.