Hello,
I filed and served a divorce application (form 8a) to the respondent on August 28, 2018. We have been separated for more than a year, and have one child together. There are only 3 more days before the respondent is in default to respond.
I spoke to a legal aid lawyer, and the lawyer said to do one of 2 things;
1. File for an uncontested divorce under the grounds that the respondent did not respond in time.
OR
2. File for settlement conference.
My thoughts:
I am leaning towards option 1. It has been a grueling 30 days and I can't wait any longer because I was in an abusive relationship for 10 years.
If I file for an uncontested divorce, I will be claiming the following:
1. Full custody of my daughter but access to see the respondent will not be restricted as long as there is sufficient notice.
2. No property to be divided. We do not have any property.
3. No child support because the respondent does not work.
I just want to ask everyone what my chances are of getting an uncontested divorce based on my demands listed above. Some other things to note:
1. Respondent has unstable behavior. This was witnessed by many school teachers, principals, support workers, etc. It is so bad that the school refuses to talk to the respondent. All correspondence about my child goes to me.
2. Children's Aid is aware of the respondent's erratic behavior. The respondent refuses to co-operate wit CAS, never answers their calls, never attends appointments, and even hid in a closet once when CAS made an unexpected visit.
3. The respondent has assaulted me on 4 occasions and has assaulted our daughter once. These have not yet been reported but will before I face a judge (if it ever gets to that point). As for why I did not report them until now, I have my own reasons, and wish to not discuss about it. In conclusion, the 5 assaults will be reported to Police prior to facing a judge just in case the judge wants to see documentation.
4. Lots of audio and video recordings of bizarre explosive behavior, assaults, and child alienation.
I filed and served a divorce application (form 8a) to the respondent on August 28, 2018. We have been separated for more than a year, and have one child together. There are only 3 more days before the respondent is in default to respond.
I spoke to a legal aid lawyer, and the lawyer said to do one of 2 things;
1. File for an uncontested divorce under the grounds that the respondent did not respond in time.
OR
2. File for settlement conference.
My thoughts:
I am leaning towards option 1. It has been a grueling 30 days and I can't wait any longer because I was in an abusive relationship for 10 years.
If I file for an uncontested divorce, I will be claiming the following:
1. Full custody of my daughter but access to see the respondent will not be restricted as long as there is sufficient notice.
2. No property to be divided. We do not have any property.
3. No child support because the respondent does not work.
I just want to ask everyone what my chances are of getting an uncontested divorce based on my demands listed above. Some other things to note:
1. Respondent has unstable behavior. This was witnessed by many school teachers, principals, support workers, etc. It is so bad that the school refuses to talk to the respondent. All correspondence about my child goes to me.
2. Children's Aid is aware of the respondent's erratic behavior. The respondent refuses to co-operate wit CAS, never answers their calls, never attends appointments, and even hid in a closet once when CAS made an unexpected visit.
3. The respondent has assaulted me on 4 occasions and has assaulted our daughter once. These have not yet been reported but will before I face a judge (if it ever gets to that point). As for why I did not report them until now, I have my own reasons, and wish to not discuss about it. In conclusion, the 5 assaults will be reported to Police prior to facing a judge just in case the judge wants to see documentation.
4. Lots of audio and video recordings of bizarre explosive behavior, assaults, and child alienation.
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