Motion to Sever

[ikikass70]

Good morning!

I have a question about severing the corollary issues from the divorce.

My partner has a first case conference scheduled for the end of the month. Neither the original application (hers) or answer (his) mentioned anything about the divorce, as he thought that many of the issues would be agreed upon and there would be no need. Now it looks like they will be fighting for everything and this might get dragged out for awhile.

They are both self-represented.

My question is, how are motions to sever heard? Does he put it in the case conference brief? Does he ask the judge to make an order (as long as both parties agree)? Or is this a seperate motion that he'll have to bring after the case conference?

Thanks in advance!

[dovan]

I gather from your post that your partner's application was a form 8 standard application along with an affidavit right?

I also gather that the issues that are not being agreed upon are most likely assets, support for children or for his ex.

In his case conference brief which has to be file and served no later than 4 before the case conference. He will need to fill out forms 17A along with forms 13 or 13.1 depending on the situation. here is a link to the guide for
http://www.attorneygeneral.jus.gov.o.../scj_part4.pdf

He will also need to serve to the court a case conference confirmation Form 14C no later than 2 days before the case conference.

Hope this helps you out.