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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  
Old 10-09-2018, 10:33 AM
momof2teenboys momof2teenboys is offline
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Default Divorced without receiving Order? Affidavit?

Hi all,

This is an odd question - Is it possible for someone to finish the process and get legally divorced without notifying the other party?

I've been dealing with this process for over 4 years - so many motions and agreements over that time. Property division is finalized two years ago. Custody was done even before that. Support (both cs and ss) were the delaying factor as OP wasn't disclosing income and I had to go through the expensive and very long process of court orders for disclosure and forensic accountants. Income was inputed and agreed upon about 6 months ago. We have one last item that is being delayed once more but with majority of orders in place I guess it will happen when it happens...and I'm exhausted from the process.

Over the weekend I saw one of ex's cousins at a community Thanksgiving function. He tells me that he heard divorce was final and congratulated me . I can only think - well that's nice but when did that happen?

My lawyer is on vacation for a couple of weeks so I'll give her a call when she gets back - thought I would ask here while I wait. Can I be divorced??
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Old 10-09-2018, 07:36 PM
mom22girls mom22girls is offline
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In Ontario, you need to be served notice. Is it possible the relative was mistaken?


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Old 10-09-2018, 08:29 PM
momof2teenboys momof2teenboys is offline
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I don't think so. He said that ex "announced" on social media that the paperwork was final and he was officially divorced. This was about two weeks ago.

I haven't been served anything. Could he have managed to skip a step? Doesn't the court provide a Divorce Order?
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Old 10-10-2018, 08:45 AM
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If the ex announced on social media that the moon was made of green cheese, would that make it true?
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Old 10-10-2018, 09:42 AM
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a buddy of mine got a paper in the mail saying that the divorce would be effective as of a certain date. All issues were settled and his ex just filed on her own.

If you haven't moved and the court knows your correct address you should of been notified of it. He maybe did file papers for the divorce and thinks that once he files he is divorced. I think if you have the court number on stuff you should be able to ask the court if anything has been filed.

My ex filed and waited almost a whole year before sending me the paperwork. Needless to say it didnt get filed in time. I had received a notice from the court that if stuff wasnt filed within thirty days (i think) then the divorce would not go through. Two weeks later my ex contacted me to say he had filed for a joint divorce and needed my signature and asked if his friend could come over. I told him no as I did not want any of his friends on my property. Later he sent it registered mail and it was really too late at that time. I then received a letter from the court that the file was closed to to inactivity.

The court would inform you that you are divorced. I never received anything from the court until it was close to closing the file and then after the file was closed.
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Old 10-10-2018, 02:09 PM
momof2teenboys momof2teenboys is offline
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Quote:
Originally Posted by Janus View Post
If the ex announced on social media that the moon was made of green cheese, would that make it true?
Definitely not - I usually ignore anything and everything he does - this one had me curious.


Quote:
a buddy of mine got a paper in the mail saying that the divorce would be effective as of a certain date. All issues were settled and his ex just filed on her own.

If you haven't moved and the court knows your correct address you should of been notified of it. He maybe did file papers for the divorce and thinks that once he files he is divorced. I think if you have the court number on stuff you should be able to ask the court if anything has been filed.
This is what I wondered. It was my understanding that at this point one of us would be required to serve the other with an Affidavit of Divorce and provide the court with proof that it was served along with final orders showing everything was done. Then the court would approve and provide a Divorce Order. What am I missing? Could he have just submitted his affidavit and the final orders that we have without providing me notice?
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Old 10-10-2018, 02:19 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by momof2teenboys View Post
Definitely not - I usually ignore anything and everything he does - this one had me curious.




This is what I wondered. It was my understanding that at this point one of us would be required to serve the other with an Affidavit of Divorce and provide the court with proof that it was served along with final orders showing everything was done. Then the court would approve and provide a Divorce Order. What am I missing? Could he have just submitted his affidavit and the final orders that we have without providing me notice?
he can submit whatever he wants. I am not sure if he is doing an uncontested divorce if he has to notify you.

My ex tried to do a joint divorce so I had to be served by him to sign papers.

My friend never had any notice until he got the paper in the mail saying that his divorce would be finalized in 30 days or something like that. His ex did it all herself and he never was served or signed anything.

Until you get that paper in the mail saying the divorce is final as of such and such a date your ex is just blowing hot air.
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Old 10-11-2018, 09:10 AM
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If the ex announced on social media that the moon was made of green cheese, would that make it true?
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Old 10-13-2018, 11:21 AM
momof2teenboys momof2teenboys is offline
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Mystery solved! He has filed documents with the court - time will tell if a divorce order is sent out. How long before I can expect it done?
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