Announcement

Collapse
No announcement yet.

Divorce Court

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Divorce Court

    If I file for divorce for a date that the ex and I separated, and on the answer form the ex contests and says it was a later date, what happens?
    Do I fight for my date (becoming expensive)?
    If I choose just to wait for her date, do I have to refile and spend the money all over again? I will have signed an affidavit for my date and on her reply she may have another. What will the court do? How can I get what I want which is a simple divorce?

  • #2
    This is based on 12 months of separation

    Comment


    • #3
      If you have proof of separation date (ie: rental agreement for new place, change of address for utilities etc) you should be able to use that to establish your separation date.

      How much discrepency is there between the dates and has the 12 months passed for both stated dates?

      Comment


      • #4
        Though I do not know if this helps, but going on what Blink says, if you have e-mails or maybe even a Facebook Status update (Hey, what else is it really for?), it might help with your case.

        If you are lucky, perhaps she has photos celebrating the separation.

        Why do things have to be so complicated?

        Comment


        • #5
          Amen littlehope. To make it complicated is some people's wish which doesn't make sense to me. As for something to prove it, I have an email I sent to her saying I wanted out but my solicitor said they don't need/want it and that a simple divorce wouldn't be a problem. I know my ex though, she will want the date that she actually left which was 9 months later (only because she could't afford to leave because of her personal bills which I helped her pay). HELP! What will the court do? I don't want to waste another 1500 for a divorce when I already wasted 1500 on a separation agreement that she won't sign.

          Comment


          • #6
            Your seperation date should be when you ACTUALLY seperated, whether that is in the home or one of you moved out. If you moved to a seperate bedroom in the house and began living seperate lives, that counts. If you simply emailed saying you wanted out and then continued living as a couple then it wouldn't count.

            Comment


            • #7
              the courts will look at such things as: if you and the person you say you are separated from have been having sexual relations, are continuing with a shared social life, eat together, share the same food in the kitchen, do your laundry together, etc. Its best to be truthful with this important piece of information. It will not only allow you to get divorced after a year, but will help determine items such as Pension Valuation, CPP credit splits and expenses to a matrimonial home. Good luck... you have a ways to go.

              Comment


              • #8
                My ex and I had different sep-dates. His was bs and mine was the truth. His was concocted to fit in w/the many lies which followed it. Nobody believed a word he said or wrote once it was all said and done, and there was never a big deal made of the 2 different dates. There was a 7 month discrepancy. Mine was Jan of that year, and his was July.

                Comment


                • #9
                  So what happened hadenough? Was the divorce granted on the ex's date or your date? If he got his date, you would have had to wait, I assume, despite his lies.

                  Comment


                  • #10
                    I was common-law... When did you inform CRA that you were separated? Even if living in the same house, when parties separate - they need to advise CRA. Helps to keep things on track.

                    When did you close joint bank accounts, stuff like that? For my situation, the 2 different dates didn't really have any bearing on the big picture. He insisted on the later date (knowing full well it was bs) b/c he got arrested shortly afterwards (police attended the home), which at the time was up for sale, b/c it fit in (or so he hoped) with his version of events that he would repeat throughout litigation. That "everything" was fine until "July" and then I discovered he had a gf and flipped out and falsely accused him of assault.

                    In actual fact: we were separated 7 months prior - I had a new partner at the time, and I was quite relieved that he'd "found" someone. I had been trying to end things for YEARS prior to our separation date (he was living in self contained bsmt unit) - So imagine my surprise when I got his "reply" filed with the Courts that was literally one lie after the next. 2 things were true that he stated: his name, and date of birth. The rest? Total bullshit!
                    Last edited by hadenough; 09-08-2012, 04:25 PM.

                    Comment


                    • #11
                      Originally posted by DadinLaw View Post
                      the courts will look at such things as: if you and the person you say you are separated from have been having sexual relations, are continuing with a shared social life, eat together, share the same food in the kitchen, do your laundry together, etc. Its best to be truthful with this important piece of information. It will not only allow you to get divorced after a year, but will help determine items such as Pension Valuation, CPP credit splits and expenses to a matrimonial home. Good luck... you have a ways to go.
                      Makes sense, but how can most of this stuff really be proven in court? He says that they were having sex, eating together and doing laundry together. She says they lived completely separate lives. How can either really prove what they are saying?

                      Comment


                      • #12
                        It's funny you mention that, oink. I have noticed the same pattern but I submit that it is more often men. Then again, it's more likely that the numbers (of each sex) are equal. I further "guess" that this happens more often in the under 40's age category.

                        My personal "theory" is that there are many individuals who just can't bear being "alone" or the stigma that is often attached to being "unattached" - for men - ie: they need the company/someone to nurture them/provide meals and yeah, sex etc etc... For women, often (but not to suggest 'always') it's financial and I just think the whole idea of jumping into new living arrangements etc is based more on an inherent sense of insecurity on the part of the individual. I don't subscribe so much to the "rub it in his/her face" ideaology. Just my 5 cents.

                        There are obviously exceptions to this totally *non-professional* theory of mine. I have spoken to many people about this over the years. Married men, married women, single/divorced or otherwise. Furthermore, married men have on many occasions expressed to me (confided) their indiscretions/infidelities and in some cases, their desire to have an affair with me! Oh yes, it's a scary world out there. I must say that most of the time, I'm quite happy to be single It has provided me with many strengths and a lot of clarity. Perhaps I have become jaded but honestly I don't understand why people even get married. As for living with a partner? I don't know about that either anymore. I'm not dying to live with someone, that's for sure.
                        Last edited by hadenough; 01-02-2013, 02:42 PM. Reason: paragraphs/spelling/rambling

                        Comment

                        Our Divorce Forums
                        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                        Working...
                        X