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Severing issues...

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  • Severing issues...

    A question for anyone who can answer...

    This past March we had our case conference, within this conference hubby asked that the divorce be severed from the other issues and the ex agreed and the judge granted it....

    So my understanding is that since the judge 'granted' it, we filed an application with the courts ( this is all taking place in Ottawa) to sever the issues, and once this application is approved we can then actually move forward with filing of the divorce. This application was sent within a week of the case conference. We are now entering into our fourth month of this typical? We have spoken to the lawyer to find out the status...and she has only said that they have phone calls into the ex's lawyer but no return phone call.

    I'm not understanding what the ex's lawyer has to do with this process..I've tried to find resources online that explain the procedure for this paticular circumstance but haven't found any as of it.

    Can someone expalin to me what exactly is going on here?

  • #2

    Why isn't your lawyer communicating with the other lawyer by way of letter rather than phone call? Are they friends?

    I suspect your lawyer is attempting to find out if the other party is contesting the divorce in itself.



    • #3
      At the case conference the 'other' side were agreeable to severing the divorce from the collarary (sp?) issues and with their agreement the judge gave permission to severe the issues so hubby could have the divorce completed before other issues like spousal and custody were decided.

      I'm not sure what exactly is going on here..I'm not even sure why our lawyer would be contacting the ex's lawyer. My understanding is that a draft order has been filed to 'officially' sever the divorce from the other issues and once that is approved we can then file for divorce..but that draft order was filed back in March...

      From what I am understanding is the lawyer has calls in to the 'other side' to find out when they sent the revised draft to the court...but I'm not sure what kind of draft this is...from the original case conference or to severe the issues?..and apparently we are waiting for the issued court order from the case conference as well...perhaps that is the revised draft we are waiting for?

      I don't understand anything! The more I read the emails the more confused I am

      I think what our lawyer is saying is that they submittd a draft order to sever the issues but it can't yet be approved because the order from the case conference endorsing the severing of the issuws has either not yet been filed or filed after we sent the draft order which I am inferring from the emails that it was the 'other side' who was to submit the draft from the case conference.

      I hope some of this makes sense to you LV cause I'm a little lost feels like a bad version of 'Who's on first'....


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