In this case I'm the respondent. There are no claims for child or spousal support. Only a request for equalization of property. My ex has applied for a simple divorce; in my answer i've requested the equalization of property. For about 6 months we've tried to settle, but every time we were close to an agreement, he would change his mind after a couple of weeks. Because i'm not able to continue paying for a lawyer, i've decided to represent myself from now on. A case conference is scheduled for December. My ex's lawyer has informed me that he will bring a motion to sever the divorce from the corrolary issues, and also he will seek compensation for the costs of the motion. What are my chances to obtain a settlement meeting and have the motion dismissed? Immediately after separation my ex has depleted the majority of the joint accounts, leaving me, hospitalized in critical condition, overseas, knowing that I have no travel medical insurance?
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self represented at the case conference, a good idea?
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What is your ex's hurry to sever the divorce from the corollary issues? Getting remarried or something?
Usually you have a case conference before a motion can be heard on an issue. It is mandatory unless an emergency I think.
I don't see why you can't discuss that issue in your case conference. Are you opposing severing the divorce at this time?
My view is that if you grant a divorce before equalization is determined, your ex could remarry his new wife will have a claim to the assets that you are seeking to be equalized, among other potential issues. I am not sure on this though.
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The interesting part is that in his Conference brief he is including also the Financial disclosure and Net Family Property form. This way I cannot say that I have never received a Financial disclosure from him, but no such documents will be included in the Continuation record, since the Conference brief is excluded from the file. This to me is another proof that he is negotiating in bad faith and he is trying to get away without having to deal with the division of property at the time of the divorce. Is there a way to ask the judge to include his financial documents in the case file?
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Originally posted by scared1 View PostWhen support is severed then either it ends by way of settlement (consent/minutes of settlement) or a trial (judge tells you both what will happen) .
The question time is dependent on alot of factors however an affidivit divorce (uncontested) is usually only 5 months or so from strat. A divoce by trial can be years from beginning to end - and the reasons are not possible to explain by email. By filing an answer you attorn to Canadian law. You case involvesan area called conflicts of law and so only the very well paid will take it on. The court staff are not lawyers and by telling you to file an answer they have set you on a course of action to proceed to divorce in Canada. I will not give you any opinion about whether a US or Canadian divorce can proceed quicker in your situation. The moment of divorce affects the matrimonial home designaton. Another reason why my duty counsel sent you to aprivate lawyer. We do not deal with matrimonial homes as duty counel as that is property and those with property interests do not get duty counsel assistance. Do I make it clear your matters are not mandated for the service for which duty counsel is funded. This is why we also do not do phone or email support in complex areas. You cannot keep picking up pieces or trying to self study - your case requires a very senior international lawyer and that is why without lots of money you are not finding a lawyer to take your case. .K
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I've attended this afternoon the Case Conference. Because there were not to many issues in dispute (mainly some disagreements over value of one luxury item) the Judge turned the meeting into a settlement meeting. Although I was unrepresented the judge listened to my point of view and in two occasions helped me understand the legal jargon used by my ex's lawyer. I cannot say that I'm totally happy with the outcome of the meeting, but I think that the Judge was right when she explained to us that we can agree with her solution today and go on with our lives, or we can decide to continue the battle God knows for how long and at what costs, and possibly gain another few thousands in settlement.
At the end of the meeting we agreed on a settlement arrangement and also we've got the divorce.
After reading all kind of stories, I can tell that my experience in Court today was a positive one. The Judge was fair, she gave both parties equal opportunities to speak, and in her decisions she looked for the best interest of parties.
<O</O
I would like to thank the people on this forum for answering my questions. Receiving your answers and reading other threads, it helped me a lot to be more confident in Court today. <O</O
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