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  • When to file papers?

    Hi all,

    my hubby and I are getting an uncontested divorce. We separated in January, and since we don't have much property and no kids, we skipped the formal separation agreement and just figured everything out verbally at that time.

    I drew up the papers, we both signed them, and he went to file them at the court office in Toronto today. However, he was told that we should wait until about 3 months before the anniversary of our separation date--if we filed now, things would be a lot more complicated, and anyway, not all the documents could be filed now.

    I was under the impression that it was perfectly okay to file papers anytime after the separation, and that they would just sit there at the court and wait until the year was up, at which time the divorce proceedings would become active.

    My question is this: Is it true that we can simply wait until three months before the anniversary of our separation, or even until the year is complete, and then file the papers without having previously filed anything to establish our date of separation, such as a separation agreement? This seems suspect to me, as it seems to indicate that there is no way to prevent people from simply giving a false separation date. I.e, technically, I could then claim that we had been separated for a year now, and obtain a divorce in only the amount of time it takes to process it.

    Don't get me wrong; I'm not trying to cheat, this possibility is simply what makes me uneasy about waiting nine months from the separation date to file anything.

    So, again, in a nutshell: We separated in January, and I want to get a divorce as quickly as possible after the year is up. We don't have a separation agreement, or anything else to support our date of separation. When do we file?

    Thanks for your help!
    Susanne

  • #2
    It is best to wait for the default one year anniversary, other wise you will have to explain to the Judge the reason for Divorce.

    LV

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    • #3
      Thanks for the help, we'll do that.

      Can we start the divorce proceedings a bit before the one-year mark so that the waiting period isn't so long after the year is up, or do you recommend not filing until the one-year period is entirely over?

      Comment


      • #4
        If the divorce is uncontested I would definitely wait till you reach the one year. Reason being is that you can't make a sworn declaration that you have been living separate and apart for one year unless you have. This is the no fault reason why you are applying for a divorce.

        lv

        Comment


        • #5
          Hi Susanne and welcome to the forums!

          I think that the 9 months advice is pretty much on target for an uncontested divorce.

          Lindsay's written out the steps in an uncontested divorce here:
          http://www.a1-ontario-divorce.com/proc.htm

          Once you file for divorce you need to wait for the Central Registry of Divorce Proceedings in Ottawa to clear things and this takes a month or two. So, if you want things done as quickly as possible, you want to make sure you've started a couple of months or so before the 1-year period.

          If you start too early, if the court you're at has case management rules, your case could be dismissed for delay.

          You don't need a legal paper stating you're separated. To finalize the divorce, you need to swear under oath that you've been separated for one year. Yes, I suppose that could be lied about, but most people are hesitant to lie under oath about something like that and the person you're divorcing would have to acquiesce to it, so that's the safeguard.
          Ottawa Divorce

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          • #6
            Hi,

            thanks for your replies; they were very helpful. Just to reiterate, I'm not planning to lie about the separation date--it's just that discovering that it was theoretically possible made me wonder if there was any other kind of documentation involved to prevent it.

            Thanks again,
            Susanne

            Comment


            • #7
              Jeff,

              Thats an awesome article and procedure that Lindsay wrote.

              lv

              Comment

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