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Legal definition of abandonment?

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  • Legal definition of abandonment?

    My wife and I will soon be divorcing using the collaborative process (hopefully). To date though she's been displaying a lot of 'approach avoidance' when I try to get things started. She is with another guy and is often out of the house at his place but not consistently. Eg, she was away during Xmas for six days and if often away during the week, off and on. She is aware of her property and custody rights, though her interest in the house is the main thing. So...

    What in Ontario constitutes abandonment? Does she need to be away consistently for a set number of days? Also, what are her consequences?

    If there is a link to Ontario law on this that would be great. Kennzer

  • #2
    here is a link that may be helpful

    how long have you been living apart? if it has been one year you can file for divorce however she HAS to be served.....if it has been longer than 7 years then you can file in her absentia......she doesnt need to know......

    I understand you have children involved whereas you stated custody......once you file she has no choice but to respond

    on the above link it also contains the forms you will need to file at courthouse.....for both divorce and custody.......keep everything you get from her......what ever you do just smile & nod.......she will try to use anything against you when it is infront of a judge......

    get everything also in writing......maybe a pain however it is defiantely worth it......keep everything.......


    • #3
      Thanks for this, I'll look into it. Basically, though, she'll be away for a numbers of days and then put in an appearance, so she is not consistently away, but off and on since March 07 which is irritating and distrubing for the 18 and 10 year old; I'm the consustent, virtually single parent. In her mind this protects her from being away solidly for a year, I guess. I have kept a log of sort and can count up the days which right now might equal three months when put together. K


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