Ottawa Divorce .com Forums

Inder · #1 09-27-2019, 03:47 PM

We have been separated for almost a year . Ex left the house and three months after she left she cops showed up at the door . She accused me of sexual assault and assault. So i have two cases in court criminal and family court . I already payed so much money to my divorce lawyer and i am no where with it ! i decided to represent myself next week in court . She is asking for annulment and wants me to pay for her debts . we were married for 4 years . I dont know where to start . Can any one please help and guide me what will happen on the first hearing ? I know her lawyer is going to cross examine me and i have to cross examine her ..Any tips that might help. As for the criminal case its a classic he said/she said she never presented any proof , since it never happened . They arrest and changed me on her word.

Thanks

rockscan · #2 09-27-2019, 04:01 PM

Have you filed your response? Is this a trial or did she just file for divorce?

Inder · #3 09-27-2019, 04:14 PM

She asked for annulment so I have to file
My response by 1st October . I am trying to file for divorce

rockscan · #4 09-27-2019, 05:29 PM

Then file a response to her claims and go to the first appearance. Make a reasonable offer to settle.

She can ask for whatever she wants but the bottom line is she is only entitled to a split of the net worth which means a balance sheet of what you owned/owed at date of marraige and what you owned/owed at date of separation.

Inder · #5 09-27-2019, 05:34 PM

Thanks , So i am preparing a counter claim , application for divorce . Can you suggest any links or literature that can help me prepare this applications.

Thanks

rockscan · #6 09-27-2019, 05:47 PM

I believe you want 8a and then any other relevant forms. Depending on what she filed, look at the top of her forms you were served, you would file a response. You may have received a blank response form.

You should google the attorney general in your province if you aren�t in Ontario and look through their family court section. Also look through the divorce act pages too. Those should help.
http://ontariocourtforms.on.ca/en/fa...w-rules-forms/

LovingDad1234 · #7 11-04-2019, 10:17 AM

I don't mean to doubt a senior member who provides great advice in this forum, however I believe the form to file is Form 10- Answer. She filed a Form 8-Application and checked all the boxes she is making claims for. You need to file a Form 10-Reply and check all the boxes you are making claims for.

In Form 10, you can click the box for divorce. Her checked boxes and your checked boxes constitute the "Issues" you are in disagreement over. Next you try to work on resolving these issues through negotiations directly with one another (or through lawyers). Be VERY careful as this is what can drive up your legal costs. In my situation, it was like negotiating with an unreasonable tyrant. So if you don't make any headway on resolving your issues, set a trial date. The court is so back-logged that you are looking at 18 months to trial. You have till that time to settle the issues.

For your criminal issues, I am no expert in this field. But police deal with this EVERY day and are not blind to what is going on. Speak with a criminal lawyer (at least a free consultation) and there are 3 routes.
(1) Fight it to the bitter end;
(2) Agree to undertake a course in domestic assault;
(3) Plea guilty to a non-damaging charge and agree to stay away from her for a period of time.

seeker101 · #8 11-16-2019, 01:22 AM

My ex had me charged for assault. The police charged/arrested me purely on her word (did not even listen to my version of events). I did not take any plea deal and fought it till the end to clear my name since it was completely fabricated. The trial was purely he said/she said type.

Well that took a little over 2 years and $11k in legal fees. This is in addition to family litigation which is still ongoing and nowhere near done.

My advice would be to evaluate your own personal situation. Perhaps a conditional or absolute discharge is better for you if you want to avoid a lengthy and costly trial. If you hold sensitive jobs requiring certain clearances or may work abroad, then maybe you'd like to have a completely clean slate.

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Tayken · #9 11-16-2019, 05:49 AM

Quote:

Originally Posted by Inder

We have been separated for almost a year . Ex left the house and three months after she left she cops showed up at the door . She accused me of sexual assault and assault. So i have two cases in court criminal and family court . I already payed so much money to my divorce lawyer and i am no where with it ! i decided to represent myself next week in court . She is asking for annulment and wants me to pay for her debts . we were married for 4 years . I dont know where to start . Can any one please help and guide me what will happen on the first hearing ? I know her lawyer is going to cross examine me and i have to cross examine her ..Any tips that might help. As for the criminal case its a classic he said/she said she never presented any proof , since it never happened . They arrest and changed me on her word.

Thanks

If there are no children involved in the dispute why bother with the family law matter. The "divorce" / "annulment" is only needed if either of you are planning to remarry. You can cohabitate in common law with someone even if you are still married. I always find it puzzling why people without children need this "checkmark". I generally don't advise people to ignore family law stuff but in the no-kids-divorce, the courts don't care about you and have more pressing inssues before them involving truly vulnerable people who have best interests that need to be addressed - CHILDREN.

Your marriage is short term. Support would be a long shot unless the other person in the dispute is an immigrant and you signed paperwork to the effect that you would support them for 7 years. Then you would be on the hook for support.

If you want this done fast you can send an offer to settle the matter and agree to a divorce, pay the small fee for that divorce and move on and focus on the criminal proceedings. All assets independent of fault will be split 50-50 so split em.

Divorce without children is simple. Unless they have a writ against you and are seeking damages for the assault it is a nothing burger matter really.

Furthermore, in my observation of annulment nonsense these are usually religiously motivated litigants and will make all sorts of nonsense claims. The courts eat them up. Annullments are the biggest waste of time proceedings. There is a violent seperation of church and state in Canada and a judge won't react well to religous zealots looking to use the public court system to satisfy their silly belief systems.

I "pray" that your matter goes before a judge like Pazaratz in Hamilton. He would make mince meat out of the other parent and their lawyer that actually filed for annullment. Unless you were drunk in Vegas they are never ever granted.

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