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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
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My comman law husband filed divorce papers on his ex wife which asked for divorce, and incluced the amount of child support and visitation schedule ( which they have been practising for years now) as well as a paragraph stating that neither party would ask for spousal support. The 30 day waiting period was up this past friday. On that very day a lawyer contacted our lawyer stating that she was in the process of being retained by the ex-wife.
That lawyer is now asking consent to file her clients materials late. What happens if we don't grant consent? At this point the only thing I can think of that they would want to dispute is either the spousal support, ask for full custody ( we proposed joint custody with primary residence with her and outlines how major holidays would alternate and the remainder of visitation to be decided by both parties at the beginning of each new year to the best of their abilities taking to account possible scheduling difficulties etc), and splitting his cpp credits for the time they were married - which was an oversite on our part, she is more than welcome to them. It seems to me that we have proposed a very reasonable agreement, and am having a very difficult time understanding what there is to disagree with. They have been seperated over 8 yrs now, so a successful claim for spousal is unlikely..and I can't see the benefit of asking for full custody when what we have proposed is the next best thing to it. And don't there have to be some kind of grounds when asking for sole custody..in which joint custody would not be beneficial to the child? She has complained about almost everything in the papers, from the dad asking for copies of report cards, and to be notified first if something should happen that the mother ends up in the hosptial ( she has a chronic illness which she doesn't always manage well) so we may retrieve the son and make sure he doesn't end up in foster care while she's in the hospital. We are feeling very frustrated and stressed by this whole thing, by all manner of which this should have been easy breezy..just formalizing what they have been doing for years. Any thoughts of what else they might be asking for? Thanks in advance for the help..I've been somewhat of a basketcase since friday..my mind running wild with speculation...driving me nuts!! |
#2
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jlalex,
as you mentioned Quote:
Quote:
CPP pension credits cannot be bound to the terms of a court order or separation agreement as CPP is and would be a third party. By default of the CPP directives, the other party is entitled to division of credits, so this is a none issue. I suspect Custody, access and spousal support may be the outstanding issues. Courts seldom interrupt the status quo living arrangements of a child if everything is working out well for the child. Quote:
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There is a presumption nowadays that the court will consider a joint custodial regime of the children and the party contesting it must show that it is not in the best interest of the child. ie : no historical communication or co-operation. Quote:
Remain focused on the issued and don't be taken of track by the other parties mudslinging, unfounded allegations etc. Don't fall for this trap. Be cool calm collective at all times and most of all smile at them. They will wonder what on earth your smiling about. lv |
#3
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You are absolutely right, we need to remain focused and not get sidetracked. All though it doesn't appear as if things are going to go as smoothly as we had hoped it doesn't necessarily mean its all going to heck either.
As well, thank you for the advice regarding granting consent, I hadn't really looked at it from that perspective, and truly there would be nothing to be gained by not giving it, I guess our backs are up a little bit wondering what she's up to. Thanks for both the information and the support! Cheers jlalex |
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