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  • How soon for divorce order some some agreement

    I have responded to the Divorce Application and my ex-wife and I both agree on the divorce and child support. We mostly agree on custody but of course disagree on spousal support.

    We have a case conference scheduled next month but wanted to know if it is possible for us to be granted the divorce order with a temporary separation agreement based on what we agree on today, while we work on the other stuff.

    We both have lawyer representation but wanted to get some thoughts here before approaching my lawyer on Monday.

    We both want to move on with our lives.

    Thanks in advance.

  • #2
    Why do you need a "divorce"? The only reason you need one is to get married again. It doesn't get you anything other than the ability to get married again.

    But, to answer your question. Yes, you can sever the divorce from the other stuff but, doubtful a judge would do it if there are outstanding issues such as the ones you have listed.

    Comment


    • #3
      Originally posted by e28makaveli View Post
      I have responded to the Divorce Application and my ex-wife and I both agree on the divorce and child support. We mostly agree on custody but of course disagree on spousal support.

      We have a case conference scheduled next month but wanted to know if it is possible for us to be granted the divorce order with a temporary separation agreement based on what we agree on today, while we work on the other stuff.

      We both have lawyer representation but wanted to get some thoughts here before approaching my lawyer on Monday.

      We both want to move on with our lives.

      Thanks in advance.
      are you agreeing to an offset in child support, child support payable to you, or child suport payable to her? What custody and access are you agreeing to? it's helpful to run that with members here just in case your ex is trying to shaft you.

      you won't get yoir divorce until custody, access, child support amd spousal support is figured out.
      Last edited by trinton; 03-25-2017, 06:22 PM.

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      • #4
        You most certainly can be granted a divorce before anything else is decided. Separate issues. My husband was granted a divorce and nothing was or still is settled. That was 2 years and 2 lawyers ago. It was the only thing they agreed on. They have been separated for 6 years. We were legally married before their property was listed and sold and before any talk of child or spousal support. If you both agree on the divorce aspect, you can move forward and settle at least that part.
        Go for it!

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        • #5
          Also, if you both are reasonable and agree on most issues, why would you waste money on lawyers? Cut to the chase. If you need a lawyer for only spousal support issues, then use them for that only and save the money. You can take the kids for ice cream instead.

          Comment


          • #6
            Originally posted by standbyyourman View Post
            You most certainly can be granted a divorce before anything else is decided. Separate issues. My husband was granted a divorce and nothing was or still is settled. That was 2 years and 2 lawyers ago. It was the only thing they agreed on. They have been separated for 6 years. We were legally married before their property was listed and sold and before any talk of child or spousal support. If you both agree on the divorce aspect, you can move forward and settle at least that part.
            Go for it!
            Great news as this is exactly the route I will like to pursue. Also makes sense as these are completely separate issues. Now my next question is how we go about requesting for a divorce to be granted. We definitely both agree on the divorce.

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            • #7
              Make a list of what you agree on and ask the judge to grant the order at the case conference. That is how my husband obtained his. And yes, it was at a case conference, not settlement conference. Or, use lawyers only for spousal support issue and do what I did. My ex and I agreed on a joint divorce. I went online to ezdivorce.ca obtained the forms, signed them along with my ex, and sent them back to be filed. I had my divorce within 2 months of filing. My ex and I split the cost. However, to do this you must not be asking for any support. It sounds like you are on good terms with your ex. Maybe it's worth a crack at going out for coffee and negotiating ss so you can both move on. The alternative can be a long, expensive road.

              Comment


              • #8
                Originally posted by standbyyourman View Post
                You most certainly can be granted a divorce before anything else is decided. Separate issues. My husband was granted a divorce and nothing was or still is settled. That was 2 years and 2 lawyers ago. It was the only thing they agreed on. They have been separated for 6 years. We were legally married before their property was listed and sold and before any talk of child or spousal support. If you both agree on the divorce aspect, you can move forward and settle at least that part.
                Go for it!
                Did your husband have to pay spousal support? Im in the same boat. Separated for 6 years but she refuses to get a divorce without settling finances first

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                • #9
                  My current husband was just ordered to pay combined ss/cs as of Feb/17. I would request a divorce anyway. I would present it as wanting to clear up at least some of the issues. There should be no reason to withhold a divorce order. I'm not expert, but it's common sense. As for my ex, I don't believe in spousal support. Sorry if I offend anyone but I just couldn't live with myself knowing someone else was going to work everyday and giving their hard earned money to me. I'm capable, and I live within my means.

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                  • #10
                    I'm seeing a lot of bad information in this thread. There seems to be a clear confusion between contested and uncontested divorce.

                    OP is involved in a contested divorce. They are contesting spousal support. He is NOT going to be given a divorce order until ALL issues have been resolved/settled. A judge is going to have to decide on those issues if they cannot come to an agreement. That will require a trial. At the conclusion of the trial, a divorce will be issued.

                    The courts are NOT going to grant a divorce when the contested divorce issues have not been resolved.

                    Comment


                    • #11
                      Blah blah blah... I agree there is indeed a lot of bad information...

                      Here is the actual RULE:

                      SPLITTING DIVORCE FROM OTHER ISSUES

                      (6) The court may, on motion, make an order splitting a divorce from the other issues in a case if,

                      (a) neither spouse will be disadvantaged by the order; and

                      (b) reasonable arrangements have been made for the support of any children of the marriage. O. Reg. 114/99, r. 12 (6).
                      Direct link to the actual Rule: http://www.canlii.org/en/on/laws/reg...subsec6_smooth

                      The onus of establishing that one spouse will not be disadvantaged by a divorce order rests upon the party seeking the severance of divorce from other corollary relief. If this onus is not met, the court will not sever divorce.

                      Here is all the case law that directly references the above mentioned Rule: http://www.canlii.org/en/#search/ori...&linkedNoteup=
                      Last edited by Tayken; 03-27-2017, 01:06 AM.

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                      • #12
                        Well, from my experience, my husband also had a contested divorce, property, child, and spousal issues were not settled and still aren't. They agreed on the divorce part and it was granted. In Ontario...we are married and still fighting all the issues. Not bad advice, reality.

                        Comment


                        • #13
                          Originally posted by trinton View Post
                          I'm seeing a lot of bad information in this thread. There seems to be a clear confusion between contested and uncontested divorce.

                          OP is involved in a contested divorce. They are contesting spousal support. He is NOT going to be given a divorce order until ALL issues have been resolved/settled. A judge is going to have to decide on those issues if they cannot come to an agreement. That will require a trial. At the conclusion of the trial, a divorce will be issued.

                          The courts are NOT going to grant a divorce when the contested divorce issues have not been resolved.
                          I was told by my lawyer that a divorce can be granted even though there are still some issues in contention. The word she used was "severed" or something along those lines ( I need to start collecting notes). Also, why would the two be coupled? If both parties atleast agree on the divorce, why not grant them their wish, especially with agreements on child support/custody and asset split and simply provide a mechanism for them to resolve the outstanding issue? Sounds reasonable to me. What is the advantage of deliberating holding back the divorce order till all issues are settled?

                          Comment


                          • #14
                            new case from Alberta:

                            http://www.canlii.org/en/ab/abqb/doc...17abqb228.html


                            "... [3] The court severs the issues of child support and spousal support from the amended Statement of Claim for divorce. The parties are not in substantial agreement on those issues.

                            [4] However, both parties want a divorce and the procedural requirements for a divorce have been met: Mr. Kowalchuk was noted in default in April, 2016. Therefore, this court grants a divorce judgment on Ms. Kowalchuk’s claim..."

                            You can also look into a motion for summary judgement for the divorce.
                            Last edited by arabian; 04-01-2017, 01:01 PM.

                            Comment

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