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  • Just Got Served Today

    Good Afternoon Folks,

    I am new here and have a question. My ex showed up at the door this afternoon and served me with a Form 20 "request for financial information". She has yet to serve me with the divorce application. The form was signed by her but had no file number on it.
    So, my question is.....is this legal what she is doing and do I need to comply without being served with the divorce application?

    Thanks in advance

  • #2
    my layperson's gut is telling me that the process involed with filing and being served is this:

    - she should first file the ALL the documents with the court, including the form 20, the initial application for divorce, the notice of hearing with a court date on it, and whatever other documents she intends to file, affidavits and what have you.

    - She needs to serve you with ALL the same documents she has filed with the court. She has to do this in advance of the first court date to give you a chance to answer, and if you don't, its considered uncontested.

    If she is just serving you with a single financial statement signed by her and no one else, with no court date or other official paperwork, I'd say do nothing. But keep it in case she is just playing games and not serving you with the other documents, or doesn't understand the process properly, so you can bring it up later at trial if necessary.

    Here's a good guide to the way things are supposed to be done in the Ontario court system. not sure where you are from, or what court this will eventually end up in, but its a good place to start.

    http://www.fathers-resources.com/LinkClick.aspx?fileticket=JcePux7AIgo%3D&tabid=501 &mid=1405

    Hope it helps.

    Comment


    • #3
      Oh, and this one too... it's a detailed step by step guide of how to initiate court proceedings. She def needs a court file number on all documents that she serves you.

      http://www.fathers-resources.com/LinkClick.aspx?fileticket=g181z5ei%2Bv0%3D&tabid=5 00&mid=1403

      Here's an interesting excerpt:

      Ordinarily, you should not hand the documents to the respondent yourself. You may be able to get a friend or relative to serve the documents for you or you can hire someone to serve the respondent for you; names of these people can be found in the Yellow Pages under “Process Servers.” If you do not have a lawyer or cannot find someone to serve the documents for you, and you fear for your safety, talk to court staff and they will arrange to serve the respondent.
      good luck

      Comment


      • #4
        OK I KNOW the above advice as it relates to serving of documents is wrong. You must serve the documents on the party BEFORE you file it with the court.

        As for your spouse asking for relief in the form of child support/spousal support before an application has been served and filed is wrong. She is receiving dubious legal advice for sure-not that we aren't wrong here on occasion

        Comment


        • #5
          :: looks :: I will happily rephrase what I said... I was going by this document that lays out the steps as follows...

          Step 1: Pick up the forms you need.

          Step 2: Fill in the forms.

          Step 3: Get a court file number and first court date.
          the court will at this time
          - Give your case a court file number.
          - Give you a first court date.
          - Put a court seal on the Application.

          Step 4: Serve the respondent with the documents.
          Arrange to provide the respondent with a copy of:
          - Your completed Application;
          - Your completed Financial Statement (if applicable);
          - The Table of Contents page.

          ...etc.

          So yes, indygal is correct in that she has to file the documents with the court after serving avguy... but if she hasn't served him with ALL the documents with a court seal, or a court file number then there is a problem. He needs to know what he is answering to, and what she is asking the court for, and to what file he should add his answer too.

          Comment


          • #6
            Originally posted by pemachine View Post
            :: looks ::
            So yes, indygal is correct in that she has to file the documents with the court after serving avguy... but if she hasn't served him with ALL the documents with a court seal, or a court file number then there is a problem. He needs to know what he is answering to, and what she is asking the court for, and to what file he should add his answer too.
            Ok, so if I understand you guys correctly....she must open up an application at the court house FIRST and serve me with the application for divorce along with the request for financials???

            Comment


            • #7
              Originally posted by avguy View Post
              Ok, so if I understand you guys correctly....she must open up an application at the court house FIRST and serve me with the application for divorce along with the request for financials???
              yeah. she has to tell the court first, and get a date... then serve you all the docs she is going to use, then file her docs with the court along with an affidavit that she served you.

              Comment


              • #8
                Great...Thank you ....you have been very helpful

                Comment


                • #9
                  if people could just serve people without filing in court first then the whole system would be more of a mess. Providing personal infomation is a matter of privacy.

                  Comment


                  • #10
                    Originally posted by independentgal View Post
                    OK I KNOW the above advice as it relates to serving of documents is wrong. You must serve the documents on the party BEFORE you file it with the court.
                    No. If you are the person beginning the court Application, you must fill out the forms, take them to the courthouse where you will swear before a clerk that they are true and accurate to the best of your knowledge. Then the clerk with stamp them, assign them an official `File Number` and give you a court date and time. Then you SERVE copies of everything to the soon-to-be-ex, and return to the courthouse and swear to the clerk, again, this time that you served the paperwork to the ex on what date and where.

                    If there is no File Number on the paperwork you were given, or a court address, date and time, then your ex has not done this properly.

                    My ex tried to file for divorce without properly serving me. His sneaky attempt to speed up the divorce ended up making it take almost a year to get done.

                    Comment

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