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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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  #1  
Old 07-22-2010, 04:38 PM
About_Time About_Time is offline
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Default Divorce Separate From Other Issues

We've already had all of our other issues agreed upon and dealt with in court, and a court order has been issued spelling out custody, access, support, etc.

I'd like to now get the actual divorce completed and approached my ex re: filing a joint application. She has refused, as she has several issues with the order that she wants to address (most being ridiculous) and has been advised that she should wait until these are resolved until proceeding with the actual divorce.

My understanding is that the divorce can be severed from the rest of the issues and dealt with on its own. If we simply file a Form 8A for divorce only would that impact her ability to take me back to court on the issues dealt with in the existing court order? If I file myself, will she then be able to lump in these other items and confound the whole affair?

After 4 years of nonsense, I just want to be "divorced" instead of "separated".
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Old 07-22-2010, 05:30 PM
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If there is already an order in place for custody, access and support, (etc), I dont see any reason why a judge wont grant you a divorce when an application is filed. What about properties - have they been settled in the order?
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Old 07-22-2010, 05:34 PM
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Quote:
Originally Posted by asnf View Post
If there is already an order in place for custody, access and support, (etc), I dont see any reason why a judge wont grant you a divorce when an application is filed. What about properties - have they been settled in the order?
No properties or major assets to speak of (sadly). There was a small equalization amount, but the amount and schedule for payment was set out in the court order.
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Old 07-22-2010, 05:37 PM
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Then how can he be trying to revisit issues that have already been settled? Divorce should be reduced to a clerical issue now, as long as a year has passed.
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Old 07-22-2010, 05:43 PM
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Originally Posted by dadtotheend View Post
Then how can he be trying to revisit issues that have already been settled? Divorce should be reduced to a clerical issue now, as long as a year has passed.
She's been somewhat vague about a lot of the issues she has, but generally they fall into two broad categories:

1) AMBIGUOUS WORDING: We read the same clause differently, and she wants clarification. Most of these are fairly ludicrous and stretch the limits of semantics and common sense.

2) WHOLESALE CHANGES: She agreed to something in the previous order and now wants it changed, despite there not being any significant change in her circumstances to merit it.

I'm not terribly worried about her taking me back to court over most of this nonsense. My larger concern is her tail-chasing delaying our divorce. I demand freedom! LOL
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Old 07-22-2010, 06:58 PM
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You have an actual court order though that spells those items out right?

If so, then file a "simple divorce" and attach the existing order to the divorce petition. In the sections where it asks for information simply write in "already addressed via Court File XXXXXXXXX (the number on your court document).

She can't contest it as long as the items have been covered already, and you have been living separate and apart for a year.

If she wants to change that agreement, she would have to file a separate motion and show cause for reopening the agreement.

She can't contest the divorce on the basis of what you have listed.
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Old 07-22-2010, 09:36 PM
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What he said.

Her making noise about the other issues is just that - noise. File for divorce, you will get it.
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Old 07-23-2010, 11:41 AM
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Thanks all - this is what I had suspected/hoped. I'm going to skip the joint application and just file the damned thing myself. I've waited long enough.
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