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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 02-01-2021, 02:36 PM
OttawaDad21 OttawaDad21 is offline
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Question Clarity Needed on Corollary Relief

I have a question on Corollary Relief. I've not been able to find the answer in the forum.

To give a brief overview.


I'm unrepresented and representing myself (due to financial strain).

The attorney that i had in my initial motion broke down and cried in the actual motion hearing without defending me. The judge gave a recess to allow her to compose herself.

After the recess, my attorney did not defend the attacks/hear say from my wife's attorney.

The last words i remember from the judge were "if no one is going to defend this...". This is when i knew i was screwed and there was no more time on the clock in the hearing. I followed my attorneys instruction to wait for when she needed clarification in the hearing. This occurred in April of 2019


I am presently representing myself as i cannot afford representation.

My ex wife has given majority access to the kids and the finale say in a temporary order.

We also have a marital contract that i have a very strong case to have set to the side.

Earlier this month, I just came out of a settlement conference where my wife's attorney refused basic items of my offer that matched their offer (including one on death benefits that i used from him... word for word... in which the judge picked up on and corrected him).

Nothing was settled in the settlement conference.


My ex wife asked for and was given the go ahead by the judge to bring a motion seeking an order severing her claim for divorce from the claims for corollary relief on notice to the respondent (me).


I've done a bit of research, but i'm not clear on the repercussions to my case if my ex wife succeeds with this motion.

My concern is that this is a strategy to work against me in some way and that I will be put at a disadvantage for the following:

- my rights to place the marital contract aside for division and equalization of assets.



THE QUESTION:

Dose corollary relief prevent or disadvantage me from fighting to set the marital contract aside or in any other way? If so, where should i focus my argument to prevent this.

My ex knows that i have a very strong chance of setting aside the marital contract. She also does not want to share access of our kids (without any valid reason)

My understanding is that i can still fight for my access and custody regardless of if corollary relief is granted.

My ex and her attorney are very unreasonable. Our separation started in July of 2018

She is using money and her attorney as the obvious advantage to tangle me up and slow me down.

I refuse to stop fighting for my kids rights and my rights and for setting the marital contract.

I have a strong case that that shows that the contract is unconscionable and has blatantly unfairness.


I am learning a lot with this forum and other online resources. At this point i'm not clear on "corollary relief".

Any clarity on this is greatly appreciated. I'm an excellent dad.. was an excellent husband. I cannot afford to make any additional missteps. I have no interest in revenge. I only want to continue to be active in my kids lives and move on.

thanks in advance.
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Old 02-01-2021, 04:07 PM
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The motion for which leave was granted simply asks the court to separate the divorce itself from all other issues. Ie - it allows your ex to go ahead and get divorced without waiting for everything else to be settled. It sounds like she may want to remarry.

Typically, such a motion will be granted unless there are child support issues outstanding or there would be prejudice to you. As it sounds like you are the one paying child support, that would not be an issue. As for prejudice, that would be something like you are on your ex's health plan, and the divorce would end that coverage.

Severing will not impact the court's decision on any of the other issues, such as custody, support, division of property, or setting aside a domestic contract.
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Old 02-01-2021, 07:08 PM
OttawaDad21 OttawaDad21 is offline
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Thank you Sir for clarifying that.
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