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Wife agreed to the counter separation agreement...didn't sign?

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  • Wife agreed to the counter separation agreement...didn't sign?

    My stb ex and I went through lawyers to get a separation agreement. She agreed to our counter and we sent off our signed document on July 6th. My lawyer went to Italy for 3 weeks and today we followed up. She said she put in a call to her lawyer as she has not received anything back. I know it's speculation but I would have assumed this would be signed quick as she would want to get paid and this be done with. They agreed!?? Has this happened to other people?

    Wife and I have not communicated at all since I moved out June 1st. What can constitute harassment? At the very beginning of the separation emotions were high and I text a lot and she repeatedly said "stop texting me." I am assuming harassing has to be more complicated than repeated texts in a short period of time but my lawyer thought she was trying to go for that. We have not spoken in over 2 months. She is withholding my tax return but I am not saying a peep because I have a job where any "charges" could hurt what I do for a living. This whole situation has me very nervous.

  • #2
    If you haven't spoken, then I would say she is taking her time. My ex didn't respond to one of my offers for 6 months once.

    Regarding the texts and harrassment here is the thing. She can't criminally charge you for a bunch of texts in a short time like that. My ex did that to me and I will tell you it is effin annoying but there is nothing she can do about it in terms of charging you, it's not criminal at that point.

    She can get a non-harrassment order through family court, which is much milder than criminal court. I don't know if the texts would be enough, I had dozens of emails as well that were hugely abusive, and numerous phone calls although I didn't record them and would have had to depend on giving a sworn affidavit.

    Anyway, her temper blew over and I didn't persue it. The non-harrassment order has no teeth really, if you broke it you might be fined for contempt of court order, but it is not a criminal record.

    So I'd recommend you keep silent and leave her alone, but also stop worrying. If you haven't contacted her at all in this amount of time, she can't just get an order based on that many months ago.

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    • #3
      Originally posted by Mess View Post
      If you haven't spoken, then I would say she is taking her time. My ex didn't respond to one of my offers for 6 months once.

      Regarding the texts and harrassment here is the thing. She can't criminally charge you for a bunch of texts in a short time like that. My ex did that to me and I will tell you it is effin annoying but there is nothing she can do about it in terms of charging you, it's not criminal at that point.

      She can get a non-harrassment order through family court, which is much milder than criminal court. I don't know if the texts would be enough, I had dozens of emails as well that were hugely abusive, and numerous phone calls although I didn't record them and would have had to depend on giving a sworn affidavit.

      Anyway, her temper blew over and I didn't persue it. The non-harrassment order has no teeth really, if you broke it you might be fined for contempt of court order, but it is not a criminal record.

      So I'd recommend you keep silent and leave her alone, but also stop worrying. If you haven't contacted her at all in this amount of time, she can't just get an order based on that many months ago.
      Thank you so much for the reply. That helps put my mind at ease and I do need to relax more. I just don't know why she would not sign an agreement she agreed to! She is a practical person and would think she would like to be paid . We were only married 2 years and I decided that she can have the house, I wasn't trying to force a sale of the matrimonial home or do any shady business. I can start over (even though I am not even from Canada). But I did find a job to love and want to just move on and deal with not only the loss of a marriage that didn't work, but also try to establish a new life. What an expensive lesson!

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      • #4
        update: No signed agreement. Forcing the sale of the home as I need my name off the mortgage. Neither she or the lawyer responded AND she is withholding my tax refunds and other sensitive and personal information (irony of harassment). What is the process of forcing the sale of the home. Will we be in communication? Personally, at this stage, I'd rather my lawyer just go through the process. Never had to force a sale of a home. It seems like my lawyer said that it is relatively long-winded but I have every right to a forced sale. It looks like she is scrambling for new employment. If she gets that employment during this expensive process of legal fees, can she just "keep the home" and I am out thousands more on this process?

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