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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-28-2007, 05:13 PM
PrincessKatie PrincessKatie is offline
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Question Finalizing Settlement

  • At my last time the court house, we finally came to an agreement. I paid him out in the amount of $18,500.00. The one thing that he wanted was that the divorce was to proceed by way of affidavit evidence solely on the grounds of one year separation. The divorce was due to the abuse which he did not want on the final affidavit. After 2 years of going to court, all of this has mentally paid a toll on me. I just want it over and to move on. My question is:
  • legally, am I wrong to sign an affidavit of evidence that goes before the Judge saying that the divorce is due to a one year separation? Could he try to sue me after? I don't know what to do. He is not the kind of person that you can deal with. He still scares me. I have to get back to my lawyer with all of the outstanding matters.
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Old 01-28-2007, 10:47 PM
logicalvelocity logicalvelocity is offline
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PrincessKatie,

as you mentioned,

Quote:
legally, am I wrong to sign an affidavit of evidence that goes before the Judge saying that the divorce is due to a one year separation? Could he try to sue me after? I don't know what to do. He is not the kind of person that you can deal with. He still scares me. I have to get back to my lawyer with all of the outstanding matters.
It is always best to apply for a divorce on the grounds of irreconcilable differences - one year separation. However, always be sincere in an affidavit. If the facts are relevant acknowledge same on your affidavit. You can always refer back to this affidavit in the future if you have too. The courts will accept the one year separation anyways by default.


Was the 18, 500 paid out net equalization or lump sum spousal support?

I am suspicious of their position; Something to keep in mind - If abuse did occur this in itself could be a relevant fact of consideration if the other party brings forth a spousal support claim in the future. There is no time limit for spousal support under the Divorce Act even after a Divorce is granted.

lv
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