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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-08-2013, 04:40 PM
peaceful peaceful is offline
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Default self-rep, requesting docs from lawyer?

Hi,

As you can see I'm new at this game.

I am representing myself and we are 4 mths separated unable to agree on a separation agreement. She has retained a lawyer.

my questions:

1. how do I got about requesting her financial statement (I'm assuming I'll do it in the similar fashion her lawyer did)
2. can I request to see all case documents from her lawyer and if so, how do I request those?

I've read so much great information on here! It was a bit hard to narrow down anything on these specifics though
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Old 11-08-2013, 05:39 PM
advice needed advice needed is offline
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Welcome to our world.

First of all I will say try your best to keep talking to her and be civil. Lot of things can be accomplished.

Now regarding the documents. Every document that is filed in court would have been first served on you. Why do you need her financials right now? what are you not agreeing on?
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Old 11-08-2013, 09:41 PM
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arabian arabian is offline
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When I started on my divorce my ex was pretty much a 'train wreck' and had a very poor lawyer. I recall my lawyer and I providing any documentation that my ex wanted. All he had to do was email or fax his request. After he went through several lawyers he contacted me to say he had no documentation. I provided him with anything he required.

Sometimes all it takes is a simple, respectful letter which outlines your request. I'd recommend trying that before you waste time/money on going through court to get full financial disclosure. Not everyone's ex's are aholes.

By the way, my ex has never complied fully with requests for information I have made and has been in contempt for several years. Was I a sucker? Yeah probably, but I still think it was the right thing to do. If my ex had acted like a normal human being he would have reciprocated.
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Old 11-09-2013, 02:30 AM
sahibjee sahibjee is offline
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fill in this form http://www.ontariocourtforms.on.ca/f...105_EN_fil.doc
and serve to the other party. they have 10 days to respond. if they dont give the info you requested the judge may look negatively upon them

you can get all family law forms from here
http://www.ontariocourtforms.on.ca/english/family/
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Old 11-09-2013, 10:58 AM
peaceful peaceful is offline
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Quote:
Originally Posted by advice needed View Post
Welcome to our world.

First of all I will say try your best to keep talking to her and be civil. Lot of things can be accomplished.

Now regarding the documents. Every document that is filed in court would have been first served on you. Why do you need her financials right now? what are you not agreeing on?
Thanks everyone for your input, It's beyond helpful.

To answer your question advice needed, I want her financials because they asked for mine and I have a suspicion she is lying to her lawyer about her income and expenses.

We have almost agreed on everything except she wants to continue to recieve support even once she enters into a commonlaw relationship with another man and/or gets married. I refuse to agree on this, I want to put into our agreement that support stops after she lives with another man and/or marries for 3 years.

So I guess that's what we are fighting on.

a little background incase anyone else reading is wondering:

-married 20 years
-no kids
-I make about 50% more than she does
-she is living in matrimonial home and I am paying full mortgage and she pays utilities etc.
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self-represented, separation, spousal support


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