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  • Starting a mutual divorce

    I have been wishing for freedom for a very abusive spouse. She has done everything dirty that you can think of
    Abusing and hurting me, kids, my family members (and even was arrested for assault with evidence in cam)
    Breaking things, hiding personal things

    Since a last few weeks, she started asking me to start mutual divorce with 50-50 kids custody. I did talk a couple of lawyers and they informed the proceedings etc.
    Just to be a bit watchful.. or say over skeptical, need to know if there is a disadvantage to the party that initiated the mutual divorce? I believe I am expected to perform the financial disclosure and what if she files no reply



  • #2
    Clearly the lawyers didn't do a good job explaining this.

    You need to server here with a offer to settle custody, residence (aka Access), equalization of net family property, child support and spousal support. You sign this offer to settle and then she signs it back and you now have an AGREEMENT made on CONSENT and make sure to mark it FINAL.

    Once you have this agreement in place you then file it with the court.

    Start with getting the agreement between you and the other parent in place. Hire a lawyer to help you write the offer. The other party should retain counsel to review the offer. They may want to provide a counter offer which you may sign back that becomes the FINAL AGREEMENT MADE ON CONSENT.

    But, do not go to court until such time you have that agreement in place and you BOTH have gotten proper legal advice. Then its just a tick of the box to get your divorce.

    See, to get a divorce you have to have CUSTODY, RESIDENCY (ACCESS), SPOUSAL SUPPORT, CHILD SUPPORT and EQUALIZATION done. Court will not grant a "DIVORCE" unit those matters are settled between the parties.

    Get real advice from a real lawyer. Pay the retainer and do it right or a world of hurt will fall on you.

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    • #3
      PS, if you are not before the court you don't need to do a FORM 13 per-say... The only time a FORM 13.1 or 13 comes into place is if you FILE with court prior to an agreement. Its a good idea for both parties to complete a form 13 or 13.1 (in your case a 13.1) and exchange them as good measure when settling matters. But, its a COURT form. Millions of people have settled matters without using that FORM.

      Again... GET GOOD SOLID LEGAL ADVICE FROM A LAWYER.

      PENNY WISE POUND FOOLISH.

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      • #4
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