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Waiting Time & Witness in Ottawa Courthouse

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  • Waiting Time & Witness in Ottawa Courthouse

    Hello,

    I live a couple of hours away from Ottawa, where my soon-to-be-ex lives. I will be filing there and serving him papers which I have downloaded for a Simple (Uncontested) Divorce.

    I'm wondering if anyone could tell me a ballpark of how long the wait is in the courthouse.

    Also, is there someone at the courthouse who can witness me signing the Affidavit of Service (Form 6B) when I return?

    I am trying to decide whether I should book a hotel room if it's going to take quite awhile in the courthouse in terms of waiting time.

    Thanks!

  • #2
    no idea on the wait times but the court clerks can whitness and sign the Form 6B for you at the same time when you file the documents.

    Comment


    • #3
      Thanks for that information. I appreciate it.

      Now I just have to find out if I can get this done on the same day. I tried to call the court house to get an approximate waiting time, but can't get through.

      Would you have any other ideas on how I can check this?

      Thanks!

      Comment


      • #4
        I think it would be best to arrive in the morning when the court house opens. To file papers at my local courthouse takes at most 40min (on busy motion days) for example. Serving the ex may take longer not sure, you have to find the ex and serve then go to the court house and file with affidavit. Do check to be sure that you can personally serve the documents, in some instances you cannot and need to get a third person to do it.

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        • #5
          Thanks for the information.

          My problem is that I don't really have anyone in the city who can go with me, as I live in another city that's 2 hours away.

          I'm hoping to have my ex's cooperation and that I can either go to his home, where he is working. Is it possible to meet at a public place, or should it be his home address?

          Does he sign anything, or is this what my affidavit is for?

          Thanks again for all of your help.

          Comment


          • #6
            If he is not contesting then you are better off filing for a joint divorce. Then you see him beforehand and he signs the papers with you. Then you go to the courthouse with your marriage certificate and you make that one trip and it is done, as far as filing papers goes.

            If you file for an uncontested simple divorce then you still have to serve him, you have to make at least two trips to the courthouse.

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            • #7
              Why are you filing so far from where you live? Is there a rule that you have to file in a specific place?

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              • #8
                I'm doing it because he doesn't really want a divorce so I'm making it as easy as possible for him. Paying for everything, doing all the work, etc. I live in Quebec and nothing that applies in the rest of Canada applies here. I thought it would be easier with a DIY uncontested simple application.

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                • #9
                  To make matters worse, the papers I downloaded said I could serve him myself then fill out an affidavit of service. However, I (very luckily) found out today that that has now changed and that I must have someone else hand him the papers and sign the affidavit.

                  Now I'm having a heck of a time to find someone because I don't live in Ottawa.

                  Any ideas? I'm starting to think that even though we were married for a very brief time and have no shared assets, etc. that maybe I should have just hired a lawyer.

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                  • #10
                    You were absolutely right - see my post below.

                    Comment


                    • #11
                      Originally posted by MaybeNextTime View Post
                      To make matters worse, the papers I downloaded said I could serve him myself then fill out an affidavit of service. However, I (very luckily) found out today that that has now changed and that I must have someone else hand him the papers and sign the affidavit.

                      Now I'm having a heck of a time to find someone because I don't live in Ottawa.

                      Any ideas? I'm starting to think that even though we were married for a very brief time and have no shared assets, etc. that maybe I should have just hired a lawyer.
                      You can hire someone, contact the courthouse in ottawa or the yellow pages for ottawa look for "servers". I think that is what they are reffered to as.

                      Comment


                      • #12
                        "Process servers". It would still be cheaper, quicker and easier to download the joint divorce forms and just get the ex to sign the forms and then go to the courthouse once and be done with it.

                        Comment


                        • #13
                          I agree on one level. But, I've also read here that if, in the 30 day waiting period, if he decides to withdraw, then I have to start over again.

                          Comment

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