Ottawa Divorce .com Forums - A what if?
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-   -   A what if? (https://www.ottawadivorce.com/forum/showthread.php?t=23796)

canthisberight 12-01-2021 10:50 PM
A what if?
 
Everything money wise, support wise is settled...

The last thing that the ex is "court ordered" to do...is to file for the divorce at her expense..must be done by end of month.

If she doesn't file? Will we need to pay our lawyer again to inquire about this?

If its court ordered and not completed what could happen?

rockscan 12-01-2021 11:00 PM
He can file. Its not difficult. He can also ask for costs but he won’t get them.

canthisberight 12-01-2021 11:18 PM
Ok..but we have it in writing..
 
That she is to file and pay by Dec 31st?
Does that mean anything?

Brampton33 12-02-2021 05:29 AM
There are many examples of stuff being in court orders where one person seems to not follow, and not care. Whether it be to not badtalk the other parent, split costs of things, or keep other parent informed on stuff. It is hard to enforce and rarely has repercussions when it’s not. The only big ticket items that gets the judge’s attention is payment of supports and exercising of parenting time.

If your ex does not file for divorce by end of month, do it yourself. There will be zero reprimand for her not doing it. It costs about $650 altogether. Consider it the cost for closing the book on that chapter.

pinkHouses 12-02-2021 09:03 AM
Can the Order be taken to small claims court and a reimbursement of fees won?
Can someone explain why not if the answer is "no"?

rockscan 12-02-2021 09:14 AM
Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.

Brampton33 12-02-2021 09:27 AM
Also, the bar to reach/standard for a person to be found in contempt of a court order is high. Really high. The penalties that come with contempt judgement can go as far as jail time. The fact that someone did not file a divorce application per the timeline of a court order doesn't even come close to making it on the radar. Your ex can simply say they are short on cash and will file when money becomes available.

Just file it yourself.

pinkHouses 12-02-2021 12:52 PM
Quote:
Originally Posted by rockscan (Post 248355)
Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.
Small claims court. Lots of room in small claims court.
So can it be brought there?

Brampton33 12-02-2021 02:09 PM
Quote:
Originally Posted by pinkHouses (Post 248361)
Small claims court. Lots of room in small claims court.
So can it be brought there?
Small claims court will tell you its a Family Court matter. And Family Court will tell you its too small of potatoes to waste their time with. Honestly, its $650. Just file it yourself if its so important that it be done right away.

rockscan 12-02-2021 02:29 PM
All courts have certain jurisdictions and limits to what they can do. Small claims court is for financial issues between two parties that are not family law related. Family Law matters go in Family Court/Superior Court.

If the person won’t file the divorce do it yourself if you want it badly enough.


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