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Contested divorce taking forever

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  • Diverged
    replied
    We want to get married in the fall but we cannot pick a date because we have no word on the divorce being finalized. We don't know when it will be. I have limited life expectancy, maybe a couple of years, give or take? But it's gotten to the point where this divorce process has been holding us back from living our life and moving forward

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  • Diverged
    replied
    Still waiting on divorce to be finalized, signed off on by the judge at the court

    Divorce process started almost 4 years ago

    Divorce paperwork is all completed, sitting in the courthouse, signed by both parties, separation agreement attached etc. Partners lawyer contacted him a couple months ago, one date was missing, they provided it

    Now we are waiting for some sort of acknowledgement that divorce is finalized, divorce certificate

    Change in circumstance, I have been diagnosed with late stage terminal cancer and my partner and I want to get married. We've been together for 7 years. Literally the only thing holding us back is this divorce going through that had been so long in the making

    Still.. I am under the impression that circumstances aside there is probably nothing we can do to get the ball rolling on this. So, I guess we sit around for more months on end for this divorce to go through? Seems pretty lengthy... Is the court system backed up or something?

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  • Diverged
    replied
    Perfect - thank you.

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  • blinkandimgone
    replied
    The wheels are turning, but yes, it can be a difficult and drawn out process. I'd encourage you to read here, it's a good summary of the process and timeline:

    https://www.mediate393.ca/scj/notice/

    You can scroll to section H, most relevant to where you are now.

    Leave a comment:


  • Diverged
    replied
    Why is it so hard to get the divorce? Eventually though, at some point the court should just push it through to finalize it without the other parties signature?

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  • Diverged
    replied
    My partner has now signed an acknowledgement with the court, for divorce and his ex has signed this also. So the divorce is now going through the court system.

    A month passed with no word, and my partner's lawyer sent him for 36A, an affidavit for a divorce certificate. Will the divorce be granted through the court system without requiring his exs signature through this means? (providing she doesn't contest it)..?

    Wondering if the court will just push it through with the form 36a? Hopefully no ex signature required??

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  • Diverged
    replied
    I don't know. There's been so many mistakes by both lawyers. I guess I'm just wondering why would his lawyer send the separation agreement and divorce to the court if it didn't have his exs signature yet.

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  • pinkHouses
    replied
    I feel like this is going in circles.
    Did the other party sign it?
    If everything was done your lawyer there would tell you what happens.

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  • Diverged
    replied
    So my partners lawyer has now filed their "finalized separation agreement" with my partners signature and the divorce documents, again with my partners signature, at the court.

    What happens next in this process? So my partners lawyer had drafted the separation agreement and sent it, my partner signed and sent it back and heard nothing

    Now the agreement and the divorce has been sent to the court and apparently the ex served. So now we just still wait for his ex to sign everything?

    I think it's good it will be filed with the court system. They've had all sorts of custody issues. Including his ex moving to another city without consent years back, changing their custody agreement. I could easily see her running to another province with the kids, etc,
    Makes me wonder why she won't sign though. Will the court force her to either contest or sign?!!

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  • canthisberight
    replied
    Following this...

    Just waiting to see if my partners ex has filed the paperwork..he will sign in a heartbeat..

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  • Diverged
    replied
    Thats exactly what happened. Their lawyer prepared and sent it. My partner signed it and sent it back and nothing happened. They didn't sign it and send it back. They are the ones that drafted and prepared it.

    The divorce paperwork is ready to go, my partner has already paid for it all and signed it, it just needs their signature. Now that their finalized separation agreement is ready there should be no issues why they can't sign the divorce paperwork. Just stalling for some unknown reason.

    It's not started in the courts yet.

    Leave a comment:


  • dealingWithEvil
    replied
    From a bit of family caselaw I read, but don't know how to find it. I recall 2 different cases that both involved lawyers sending the agreement to the other lawyer for signing.
    After it was signed and sent back it never came back.
    The offer was made and written up by the non-signing party and the judge said, too bad you made it and it was signed in good faith so it is binding.

    did they ever start the divorce / separation process in the courts?

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  • Diverged
    replied
    Well the strange part was that it was my partners ex who sent the separation agreement to my partners lawyer for the signature. Then they never signed it and my partner never received the signed divorce paperwork.

    I think he needs to put a fire under his lawyers butt and get some answers as to why they haven't recieved the divorce signed yet.

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  • dealingWithEvil
    replied
    You can't force someone to sign a separation agreement.

    If all the financials and children stuff is taken care of they can file for colliery (s) relief via 14B motion. Then when they get that they can file for the divorce paper (definitely ask for costs on that), which can be contested.

    Who wrote the agreement?
    Did the other side send the agreement to your ex for him to sign?

    Leave a comment:


  • Diverged
    replied
    So around mid december my partner recieved a copy of the finalized separation agreement for him to sign. My partner signed it and sent it back. He's paid all child support arrears. All his ex needs to do is sign the finalized agreement. Also she hasn't signed the divorce paperwork yet. In the beginning, the reason they didn't sign the divorce was because they wanted to work through any issues with the separation agreement.

    Well... It's all updated now, nothing left, and crickets again from his ex. He's been trying for over 3 years now for this divorce signature. As I mentioned there were several mishaps, including my partners lawyer filing the divorce paperwork before it was signed and it sat at the court. Then his partners lawyer was on maternity leave. Then my partners lawyer quit and didn't update the I formation to the new lawyer!!

    What on earth does it take to get this divorce signed? Should he immediately file a motion with the court? Should he ask for costs of all of this?! He's been waiting so long, so why would they not sign now that everything is finalized?

    What options does my partner have? He just wants to be divorced.
    Thanks

    Leave a comment:

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