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
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
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