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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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Old 04-30-2010, 09:00 AM
honest X honest X is offline
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Default Do you need a signed consent to file for Divorce?

I am legally seperated with all issues signed on for now.........If one party is now ready to make the divorce legal do you need a consent form to proceed? What are the pros and cons of having a consent form v.s. just filing for divorce without consent signed. Is there a cost issue? Is it cheaper to go in with consent to file for divorce at the courthouse or is it just the same without consent from the other party. One party can just go and file the paperwork with the courts and serve the other party with the divorce papers, am I correct? Does the other party have to sign the served papers or the consent papers to make the divorce legal?? Can the other party bring a motion to have the consent forms signed by the other party?
Old 04-30-2010, 09:19 AM
Mess Mess is offline
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Did either of you initiate court proceedings? If your court case is still active, then you file your divorce through your case, essentially closing your case, registering the terms of your separation agreement and getting your divorce all at once. Apart from the cost of the case I think this is actually cheaper.

If you never sued each other over the separation and just negotiated, then you can file for divorce yourself, and you would serve your ex and they have 30 days to respond, if they don't then the divorce just goes through. (If they respond and try to stop it, the only grounds would be to challenge your separation agreement, like if it was based on fraudulent financial disclosure).

The other option is a joint divorce application, where you and your ex both sit and sign the thing and then take it in. This is the simplest but pretty much you still have to be on speaking terms to get together and do-it-yourself. Not everyone is, like if there was a restraining order.

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Old 04-30-2010, 12:51 PM
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Could you please give me a little more help on the above issue. My fiance and I would like very much to remarry, however he has not really tried to get a divorce due to the lack of co operation from his exwife in everything he has ever attempted.
Currently, he is in the middle of court proceedings for a Motion to
Change that was filed against him. He has already attended one Case Conference that went very much in his favor. All that is left is settling the issue of Section 7 expenses proportionate to income. He has an upcoming court date on June 14 to settle this issue. Is there still a chance at this point for him to file divorce papers and have it dealt with? I mean it seems logical to me, they will both be in front of a judge that has already ruled on their case. Please advice as this would mean a lot to both of us.
Thanks in advance for your help.
Old 04-30-2010, 05:34 PM
Mess Mess is offline
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If he is going to the Case Conference anyway, if they are able to craft an agreement and write it up and present it to the judge (*this can be done handwritten in the hallway outside the washroom for all the judge cares) then the judge will usually be happy to make an order for divorce on the spot.

Otherwise you want to sever the divorce from the other issues, which you do with a motion. Child support has to be settled, at least to the point where the table amount is being paid monthly even if there is no written settlement.
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