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  • Divorce Time

    Hi all,

    Well its been 4 years and my ex finally filed for divorce, I was served with the papers the other day and am slightly confused.

    BACKGROUND

    Separated August 2005, I returned home to find my house ransacked, everything gone, later found out ex declared bankruptcy, moved away, and was not planning to return with our child. Court battle took forever, we are on 50/50 alternating week custody regime and CS payments finally started in Aug 2009. We do not talk, email only, ex not allowed on my property, etc.

    So I was served with a simple divorce application, what do i do? I would think that it is at this point that we are supposed to handle any of the remaining sloppy divorce stuff. But I noticed in the divorce application that if I oppose divorce application I have to pay costs. Really? Some how this does not make sense to me.

    Please if possible inform me of all the details I need to proceed with this divorce or fight it or what ever.

    Thanks

    Duped

  • #2
    After a year of separation, either of you can file for a divorce. The divorce simply means you aren't married anymore.

    If that seems "duh", the thing is that if you hadn't worked out custody, support, ownership of the home, etc, then you could separate the divorce from everything else, and get divorced and continue bickering if you wanted.

    People sometimes want to get divorced right away because they want to remarry. Or maybe they just need the emotional closure, or they are negotiating a mortgage for a new home. Whatever the reason, people want divorce.

    So why do you not want to be divorced? Why would you even consider fighting it?

    You have settled custody, access, CS, property, everything seems in order from what you say. Why wouldn't you finalize it?

    There is no reason to refuse the divorce, so the courts would see you as just being obstinate and would award costs. That's actually pretty straightforward.

    I guess what I'm asking, you seem hesitant so is there anything else lurking in the background that might sway your decision?

    Comment


    • #3
      Sorry I should have mentioned, custody and CS are settled, that is it, no property or financial settlements etc. As I understand it we still need to settle our pensions some how! Perhaps I am wrong! I was left with nothing, empty house and a bankruptcy guy calling me about his equity.

      Duped

      Comment

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