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Notice of Motion - Help!

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  • Notice of Motion - Help!

    Hi all,

    I've finished up my custody and finances, and my ex stalled on doing anything on the divorce (after she started), and I have quite the legal bill to pay off, so I thought I'd try to do a simple divorce on my own.

    I got the initial forms filled out and issued, however, my clearance certificate came back denied, stating my ex- filed an initial application 3 years ago, and my simple claim cannot be approved. I went back to the original claim, and what it was included in was the financial claim, and a case conference, in which the original lawyer asked for my consent for there to be a divorce, to which I consented.

    Now the court clerk wasn't able to offer me specific advice, other than I can use the Form 14: Notice of Motion form to ask for a divorce. So, in filling out the forms:

    1) The motion is based on the initial court order number, not mine, correct?

    2) Am I requesting consent to grant my new divorce, consent to the judge to finalize the original divorce, or something else?

    3) Is there a sample anywhere of what I should be putting on Page 2 for what order I am requesting?

    Any help would be greatly appreciated ... thanks!

  • #2
    Is this okay? Here is what I typed up ...

    ...

    The Respondant, [ME] requests of the court a Motion to resolve a pending divorce order.

    The Applicant, [EXWIFE], and the Respondant, [ME] were married on March 30, 1996 and have been separated since July 7, 2007.

    A motion for child access and custody (file [NUMBER1]) was initiated by the Applicant, [ME] on October 18, 2007, and was resolved with a final order given on October 24, 2008 to the Applicant, [ME], and the Respondant, [EXWIFE].

    In response to the access and custody motion, an application for divorce ([NUMBER2]) was initiated on November 30, 2007 and resulted in a case conference on March 30, 2009, to which both the Applicant, [EXWIFE] and the Respondant, [ME] resolved all financial matters and an order was issued that “The divorce is severed from corollary relief and may be brought by the Applicant, [EXWIFE], for a divorce on an uncontested basis.”

    As there has been no action by the Applicant, [EXWIFE], since March 30, 2009, an attempt to finalize divorce proceedings was made by an Application for Divorce issued by [ME] with [EXWIFE] as the Respondant ([NUMBER3]) on March 8, 2010. The Central Registry of Divorce Proceedings has rejected a clearance certificate as it states that Claim [NUMBER2] is an application in progress.

    The original Applicant, [EXWIFE] has not finalized the divorce proceedings, and the Respondant, [ME] would request either clearance to proceed with the Application for Divorce [NUMBER3] or an order finalizing the divorce originally initiated [NUMBER2] and consented to by both the Applicant and the Respondant.

    Comment


    • #3
      Is your wife contesting the order for Divorce? If not - Does it not make sense and work together and bring forth joint application for Divorce... one year living separate and apart as grounds.

      Comment

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