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  • Final Order Grants Divorce

    Hi folks,

    So now I have my final order and it grants either of us the right to file for divorce. I have looked high and low but I can't find any thing on the Internet that helps determine the right process to file it.

    Does anybody know which form to fill out. Is this an uncontested divorce I have been through trial and have a final order. Do I still need to serve the other party even though I judge has said a divorce can be granted.?

    I guess there's not a lot of information available seeing is only 3% of cases actually go to trial.

  • #2
    Headwaters long time no see pal. How'd trial pan out? Did Legal Aid end up repping your ex

    Comment


    • #3
      As you know I was successful on joint custody. Just before trial we came to terms on financial matters both child support and spousal support. It was disappointing that an absolutely ironclad prenuptial agreement seems to have a weakness. If your partner decides to throw themselves on social assistance then the government turns their back on the signed agreement. It's clause 34b if I recall...if the person is on social assistance then no prenuptial agreement will stand.

      How she got herself on social assistance while earning significant income herself each year is a gross fraud. But if you walk into a woman's shelter and are willing to cry wolf then doors open up.

      To defeat that clause I would have to prove that she was defrauding the government. That is no small feat. So I ended up settling rather than face the unknown and court.

      One issue we couldn't settle on was travel. As you know I was concerned about her travelling back to her native country with the child after such a high conflict case in which she accuse me of abuse of a child and psychological abuse of her. The judge agreed with me.

      The judgement clearly said that he doubted her credibility and that her allegations seems to be strategically time. He also recognized there was indeed significant risk that she may not return. But rather than restrict travel he simply instituted a $30,000 hold back. This essentially served as a bond.

      She's actually out of country right now with our child and I hope she returns on her stated date.

      I'm not happy that our court system can recognize a flight risk and essentially recognize that someone has lied and cheated their way through a high conflict case and then simply let them walk on a plane. Hope she returns.

      I got the final order in the mail last week and I'm thinking I better hurry up and finalize the divorce.

      Funny that I have self repped my way all the way through this thing (I feel very successfully) and now I can't find anything to help me with the final step.

      Comment


      • #4
        Head...grats to you for going through all of this. I'm not sure how to proceed in your case but there are some amazing, intelligent minds here on ODF that will point you in the right direction.

        Social Assistance, shelters, etc help many BUT need reform .. point blank. trust me..I know all about that garbage.

        So your ex is out of the country with your child after all this BS? Deep breath buddy .. if she doesn't come back raise holy hell.

        Comment


        • #5
          So now I have my final order and it grants either of us the right to file for divorce. I have looked high and low but I can't find any thing on the Internet that helps determine the right process to file it.
          Because all of the corollary issues are resolved (ie, custody, access, support, EQ), your divorce will proceed under the "simple divorce" stream. There are three steps.

          Step 1: Application for Simple Divorce (Form 8A)
          In addition to the original Application, you need:
          - extra copy for filing
          - Registration of Divorce Proceedings
          - $167, which may be accepted by Visa
          - (optional) original marriage certificate
          It is a good idea to bring your original marriage certificate since if you spell any of the names incorrectly then everything takes longer

          Take all of this to court and have it issued by the clerk. Take a copy of the Application and have it served on your ex by Personal Service. If s/he is amenable, they can sign an acknowledgment of service; otherwise, a family member may be free. You cannot do it yourself. It is a bad idea to have your children do it.

          Step 2:
          - Complete an affidavit for Divorce (Form 36)
          - Make a continuing record, which will have:
          Tab 1 - application, with affidavit of service behind it
          Tab 2 - affidavit for divorce
          Tab 3 - if applicable, separation agreement, particularly if non-guideline child support is being paid
          - also prepare an endorsement volume, for the Order and for the table of contents
          - three blank Divorce Orders (Form 25A)
          - Stamped envelope addressed to each party
          - If original marriage certificate not already provided, include here
          - Cheque for $280

          Provided everything is done correctly the Divorce should be mailed to you in 1-10 weeks. If there are any issues the judge will endorse accordingly.

          To get re-married you will need a clearance certificate, which costs $19 and can be obtained 31 days after the Order is made.

          Comment


          • #6
            Fantastic. Thank you. I have ordered the marriage certificates (3 copies just in case). I will follow these instructions. Thank you so much.

            Comment


            • #7
              One more technical question.

              I had a small one day trial on the issue of travel which resulted in the other side getting a small cost award. Does that need to be resolved before a divorce is granted?

              Or can I go forward with the divorce. An earlier final order has simply said any side can seek a divorce uncontested.

              I just received today a order specifically on the amount owed.

              Comment


              • #8
                My question was answered for me. I was served with papers for a final divorce by my Ex's lawyer. So clearly a divorce is going through regardless. I can't express what a relief this brings.

                Thank you to OrleansLawyer for your detailed notes on how to file. I got as far as getting my marriage certificate sent to me in triplicate (never too careful) but didn't manage to find the time to push work aside to see it through.

                My only other question is. Despite a Marriage Contract I had in place I settled for back child support and 4 years worth of spousal support. It was a manageable number for me and much easier than walking into court.

                Assuming the divorce is granted - which I am 99.99% sure of.

                Under what scenarios could they come back at me to open up the matter of spousal support.

                I paid a lump sum for the 4 year calculation of spousal. She is being re-educated as an Early Childhood Educator - so I see financial disaster brewing ultimately in four years time - graduating with $50,000 in student loans (conservatively) and then getting employment for $16 per hour...the math just doesn't work.

                Is there a possibility she opens up the matter of support again?

                We have shared time 50/50 and joint custody. I pay child support on an offset basis.

                I anticipate my income going up in future years and so four years later she is earning a small income and my income has grown - does this leave me open to more legal attacks? (Obviously child support does up - no brainer - but is spousal revisable? Extendable?)

                Comment


                • #9
                  1. If it's not too late and you haven't actually paid the lump sum, have it worded into your order that your ex 'waives the right to any further future claim for spousal support" based on this lump sum.

                  2. Not if based on the #1 point above, you have an iron clad order that can't be re-opened.

                  3. That will not be your problem, and the only issue from her not earning much, will be you having to pay more in offset amount if she decides to under-employ herself.

                  In my case, I took joint line of credit over having to pay SS, and I had the order acknowledge the fact that ex agreed and waives any future claim to SS.

                  Originally posted by Headwaters1 View Post
                  My question was answered for me. I was served with papers for a final divorce by my Ex's lawyer. So clearly a divorce is going through regardless. I can't express what a relief this brings.

                  Thank you to OrleansLawyer for your detailed notes on how to file. I got as far as getting my marriage certificate sent to me in triplicate (never too careful) but didn't manage to find the time to push work aside to see it through.

                  My only other question is. Despite a Marriage Contract I had in place I settled for back child support and 4 years worth of spousal support. It was a manageable number for me and much easier than walking into court.

                  Assuming the divorce is granted - which I am 99.99% sure of.

                  Under what scenarios could they come back at me to open up the matter of spousal support.

                  I paid a lump sum for the 4 year calculation of spousal. She is being re-educated as an Early Childhood Educator - so I see financial disaster brewing ultimately in four years time - graduating with $50,000 in student loans (conservatively) and then getting employment for $16 per hour...the math just doesn't work.

                  Is there a possibility she opens up the matter of support again?

                  We have shared time 50/50 and joint custody. I pay child support on an offset basis.

                  I anticipate my income going up in future years and so four years later she is earning a small income and my income has grown - does this leave me open to more legal attacks? (Obviously child support does up - no brainer - but is spousal revisable? Extendable?)

                  Comment

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