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  • Get divorced while there is an active court case

    Okay,

    I give up. I'll never get an agreement signed by my ex.

    It's been 7 years since separation, all assets are split, kids are 50/50 and CS has been paid all along. There is a court order in place for CS/SS. We have a simple SA signed and a division of family property document signed, but she is contesting both.

    So, can I get a divorce given that we have an active case? Can I just submit the sole application and serve her, or I do I need a motion given that there is an active court case regarding our issues??

    More details...

    My ex started a court case 3 years ago. The last time we were in court was a motion 7 months ago when a court order for CS/SS was written (which states off CS and update yearly based on income). We have not been to trial.

    I have done all I can to facilitate coming to a reasonable agreement. She won't commit to anything and refuses to write down what she wants. She won't agree to one thing unless we can agree to all things and she constantly changes her mind.

    She may or may not sign off on a joint divorce. I'm inclined to just file for divorce my self, and make it separate from the issues.

  • #2
    If she claimed divorce, you cannot bring a new application claiming it.

    You could, however, bring a motion to have the divorce severed from the corollary issues.

    Comment


    • #3
      Agreed, motion to sever the divorce from outstanding issues.

      The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.

      Comment


      • #4
        Originally posted by FightingForFamily View Post
        Agreed, motion to sever the divorce from outstanding issues.

        The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.
        Peace of mind, peace of mind.

        Comment


        • #5
          Originally posted by FightingForFamily View Post
          Agreed, motion to sever the divorce from outstanding issues.

          The only legal reason for the divorce is if you are getting re-marriaged, or for peace of mind.
          Or, to narrow the issues. One less thing to negotiate in the SA.

          Comment


          • #6
            If I am filing a motion for divorce severed from the corollary issues and it is not on consent, can I use the 14B form? It says I can use form 14B if "You are requesting the court to make an order on an uncomplicated or procedural matter" Not sure if this qualifies.

            Given that we have shared custody for over 7 years, and not disputing 50/50 and there is a temporary court order for CS/SS in place, it seems uncomplicated that I be granted a divorce.

            Comment


            • #7
              can I use the 14B form?
              It is preferably to go by procedural motion unless it is on consent, however if it fails by basket motion you can always return for a procedural.

              Comment


              • #8
                Originally posted by OrleansLawyer View Post
                It is preferably to go by procedural motion unless it is on consent, however if it fails by basket motion you can always return for a procedural.
                I have not heard the 'basket' term. By chance does B stands for Basket in 14B?

                Comment


                • #9
                  I was under the impression, perhaps wrongly, that if you sever you are giving up ant rights to the matrimonial home IF your name is not on the title. True? False? Anyone? Bueller?

                  Comment


                  • #10
                    if you sever you are giving up ant rights to the matrimonial home IF your name is not on the title.
                    Matrimonial homes exist for married couples. If you are divorced you aren't married.

                    Comment


                    • #11
                      I have not heard the 'basket' term. By chance does B stands for Basket in 14B?
                      Basket - because they put it in a basket for a judge to look at when they have time.

                      Comment


                      • #12
                        Ok...so if the divorce is severed before the issues are settled re: matrimonial home, there ceases to be a matrimonial home and the person on the title is entitled to the house?

                        Comment


                        • #13
                          Have you considered binding arbitration? Sounds like the major issues have been dealt with (children) and all that's left to decide is spousal. Perhaps she would agree to binding arbitration and that way everything can be settled once and for all and you get your divorce?

                          Learn from my situation, however, that even though you get a divorce and you settle issues, you can be taken to court time and time again. As long as the other party feels there is a material change of circumstances, and if their application isn't vetted by a case management judge, you will find yourself in a similar situation I have been for the past 4 years. I'm convinced some people go to court for entertainment. Sick? Absolutely.

                          Comment


                          • #14
                            Originally posted by arabian View Post
                            Have you considered binding arbitration? Sounds like the major issues have been dealt with (children) and all that's left to decide is spousal. Perhaps she would agree to binding arbitration and that way everything can be settled once and for all and you get your divorce?

                            Learn from my situation, however, that even though you get a divorce and you settle issues, you can be taken to court time and time again. As long as the other party feels there is a material change of circumstances, and if their application isn't vetted by a case management judge, you will find yourself in a similar situation I have been for the past 4 years. I'm convinced some people go to court for entertainment. Sick? Absolutely.
                            I don't want spousal

                            Comment


                            • #15
                              Well if the assets are split and the child custody is taken care of and spousal isn't up for discussion then what, pray tell, is the problem?

                              Am I missing something?

                              Comment

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