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Have a question, can I file for divorce while still waiting for seperation?

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  • Have a question, can I file for divorce while still waiting for seperation?

    As many of you know already I am still waiting to get a seperation agreement done and over with, been waiting for over 2 years! Only one issue is outstanding and that will hopefully be resolved soon. My question is can I go ahead and file for divorce while waiting for the pretrial to take place and should I go ahead and do the divorce myself or have my lawyer file the papers?

  • #2
    Is your ex on legal aid? Divorce Trumps Separation. It will put a hold on ALL motions/etc before the court as it's federal and takes priority.

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    • #3
      The judge probably won't grant the divorce unless all outstanding issues have been settled beforehand. In which you may be looking at a real trial instead of just a simple divorce wherein you ask the judge to make a ruling on the remaining issues.

      However if your ex hasn't signed anything yet and you have no interim agreements, it opens the door for the entire can of worms to be opened once again in front of the judge.

      If you really want the divorce and it's been 2 years you'll have to settle on the remaining issue first. Out of curiousity, what's the final issue?

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      • #4
        NBDad, Yes she is on legal aid, and that is why its taking this long. My lawyer sent in request to have things done and they sat on it for weeks. Come to find out her lawyer was out of the office and she was assigned a new one, then her old one came back and took the case back over.

        Last issue to resolve is spousal support, which my lawyer is trying to fight. My lawyer is of the opinion she doesn't deserve it and not intitled to it. We have a pretrial motion for Nov 2 to deal with this issue. I just want to be done with it all.

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        • #5
          There is a space on the divorce application to sever all other issues from the divorce, and you will note what they are and that they are being dealt with in a separate suit or negotiations. I don't have the form in front of me so I can't point out the space, but it can be done.

          Your ex could have a valid reason to deny the divorce on this issue, but in general the courts don't have a problem with it if you fill it out properly.

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          • #6
            Just as an FYI, if you go ahead and file the divorce you'll put some financial pressure on her. Her Legal Aid lawyer will be instructed to remove himself as legal aid will NOT cover an actual divorce proceeding.

            If they are dragging their heels, file. It'll at least get you a final decision on the remaining matters AND get things tied up nice and neat.

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            • #7
              Legal aid in Saskatchewan will provide legal servies for divorce
              Saskatchewan Legal Aid | What Services Do We Provide?.

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