Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 12-10-2021, 05:44 AM
Solution Solution is offline
Junior Member
 
Join Date: Nov 2021
Posts: 12
Solution is on a distinguished road
Default Divorce Proceedings

Hi All, I have a question on my own but couldn't find a clear direction when I read through the group.

My ex filed for spousal support, child support and sole custody at Ontario Court. This has been ongoing for 2 years and the Pandemic has delayed the process. No order has been made aside from few temporary access orders. while we continue negotiating. She didn't ask for a divorce and we have been separated over 2 years.

I want to fill for only divorce (simple) with the Superior Court. I don't think I need an order from the Provincial Court to do this. There are no equalization. Form 8a specifically asked about child support and this I believe is settled as I pay the table amount for child support. I have a notice of calculation and both parties are happy with the child support issue.

Can I proceed with the Divorce? I have read several information on this group that "all" issues must be sorted out before filling. Is this correct? The reason I am filing is because I want to remarry and don't know how long the other issues would take to resolve.

Also the other party is on Legal Aid while I am self represented, I assume filing filing for a Divorce will put the family matter at the Province level on hold?
Reply With Quote
  #2  
Old 12-10-2021, 10:06 AM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 340
mafia007 is on a distinguished road
Default

If you already have a file ongoing and still not resolved with the court, I think you need to ask for a modification of your answer to include that you are now asking for divorce. Something you didn't know at that time but is normally requested in an action or answer. Serve the other party and file with the registrar. All issues will then be addressed at the same time during your first appearance. It is your right to ask for divorce and she cannot object. She can try but your reason will be that you have been separated for over two years and you want to remarry.
Reply With Quote
  #3  
Old 12-10-2021, 01:31 PM
Solution Solution is offline
Junior Member
 
Join Date: Nov 2021
Posts: 12
Solution is on a distinguished road
Default

Quote:
Originally Posted by mafia007 View Post
If you already have a file ongoing and still not resolved with the court, I think you need to ask for a modification of your answer to include that you are now asking for divorce. Something you didn't know at that time but is normally requested in an action or answer. Serve the other party and file with the registrar. All issues will then be addressed at the same time during your first appearance. It is your right to ask for divorce and she cannot object. She can try but your reason will be that you have been separated for over two years and you want to remarry.
Thanks for the response. We've our first appearance and I brought up back then that I didn't include divorce in my answer and would like to modify it. The judge stated that the applicant filed the case with Ontario Court of Justice and she has no jurisdiction on Divorce matters, that under federal law, the Superior Court of Justice has sole jurisdiction in all cases involving divorce. I agree.

Do you mean that I should modify my answer regardless to include divorce, and the judge would have to permit me to proceed with the Divorce that under Superior Court of Justice?
Reply With Quote
  #4  
Old 12-10-2021, 03:39 PM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 340
mafia007 is on a distinguished road
Default

No, you must bring your application to the Superior Court of Justice as they have the Jurisdiction for Divorce and division of property. So you would need to bring an action to them requesting for a divorce order.

When you file, you must let them know that you already have a matter with the Ontario Court of Justice for other issues. I think they will look at your case to see if they can go ahead with this action separately and move forward to get your Divorce order ASAP. Unless your ex-spouse do not agree to it, there shouldn't be any issues to get it. If it moves forward, it will be a new application and you will need to pay for it and serve the other party adequately then file with the registrar with affidavit of service. If they decide to combine it with the actual case and move it under the jurisdiction of the Superior Court, you would have nothing to pay but the other party would have a chance to argue that it shouldn't be transferred from the Ontario court to the superior court. Please get that information explained with the court staff.

If you are already making child support payments and that you are up to date, and there is a temporary child custody order, don't worry about getting your divorce order. The court will make sure the children are well provided for before granting a divorce order. It doesn't has to be settle as final but must at least have something in place to look after them, like adequate child support arrangements. Also, if there is no other issues such as misleading the court with lies and not providing financial disclosure as requested, the court should not delay in granting a divorce.
Reply With Quote
  #5  
Old 12-10-2021, 05:58 PM
NewDay NewDay is offline
Member
 
Join Date: Nov 2021
Posts: 38
NewDay is on a distinguished road
Default

excuse me for not knowing.

All the forms I filled out and say said Family Court was in Superior Court of Justice, Family Court.

why would the matter be in Ontario Court?
Reply With Quote
  #6  
Old 12-10-2021, 06:18 PM
Solution Solution is offline
Junior Member
 
Join Date: Nov 2021
Posts: 12
Solution is on a distinguished road
Default

Quote:
Originally Posted by mafia007 View Post
No, you must bring your application to the Superior Court of Justice as they have the Jurisdiction for Divorce and division of property. So you would need to bring an action to them requesting for a divorce order.

When you file, you must let them know that you already have a matter with the Ontario Court of Justice for other issues. I think they will look at your case to see if they can go ahead with this action separately and move forward to get your Divorce order ASAP. Unless your ex-spouse do not agree to it, there shouldn't be any issues to get it. If it moves forward, it will be a new application and you will need to pay for it and serve the other party adequately then file with the registrar with affidavit of service. If they decide to combine it with the actual case and move it under the jurisdiction of the Superior Court, you would have nothing to pay but the other party would have a chance to argue that it shouldn't be transferred from the Ontario court to the superior court. Please get that information explained with the court staff.

If you are already making child support payments and that you are up to date, and there is a temporary child custody order, don't worry about getting your divorce order. The court will make sure the children are well provided for before granting a divorce order. It doesn't has to be settle as final but must at least have something in place to look after them, like adequate child support arrangements. Also, if there is no other issues such as misleading the court with lies and not providing financial disclosure as requested, the court should not delay in granting a divorce.
Awesome 👌 Thanks for the input
Reply With Quote
  #7  
Old 12-10-2021, 06:20 PM
Solution Solution is offline
Junior Member
 
Join Date: Nov 2021
Posts: 12
Solution is on a distinguished road
Default

Quote:
Originally Posted by NewDay View Post
excuse me for not knowing.

All the forms I filled out and say said Family Court was in Superior Court of Justice, Family Court.

why would the matter be in Ontario Court?
I think if there are no Property & equalization issue and Divorce, it would go to Ontario Court of Justice
Reply With Quote
  #8  
Old 12-10-2021, 06:38 PM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 340
mafia007 is on a distinguished road
Default

That’s right. The Ontario Court only deals with custody, child and spousal support.
Reply With Quote
  #9  
Old 12-12-2021, 04:35 PM
seeker101 seeker101 is offline
Member
 
Join Date: Apr 2018
Posts: 89
seeker101 is on a distinguished road
Default

As others have said, since your current matter is before OCJ which doesn't have divorce and property equalization jurisdiction, you will have to file a new/separate divorce application (form 8a) in Superior Court of Justice (SCJ).

In your application to SCJ, you will mark that you are only seeking divorce. Furthermore, you will have to satisfy the court that child support is taken care of (attach a copy of any existing child support order or written agreement or any other financial evidence).

If there's outstanding property equalization issue, then the other spouse, upon receiving your divorce application, may file a response and make property claim. This will delay your case. Best scenario is when other spouse does not file anything, then divorce proceeds as uncontested.

Another option is joint divorce application when both spouses agree they should get divorced.



Sent from my LE2115 using Tapatalk
Reply With Quote
Reply

Tags
kinso, lovingdad1234, rockscan, seeker101, tayken


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Online divorce? ExWife2Many General Chat 10 08-12-2010 08:15 AM
How to start divorce proceedings ASAP although husband does not want it Margaret-Krupa Divorce & Family Law 3 05-13-2010 03:54 PM
About to start Divorce Proceedings North of You Divorce & Family Law 2 03-23-2010 01:00 AM
Surviving Divorce FPI Divorce & Family Law 2 04-29-2009 07:56 PM
Confused - Need Help -30 Days Up TODivorce Divorce & Family Law 1 12-22-2006 09:04 AM


All times are GMT -4. The time now is 12:12 PM.