Divorce reopened after 10 years

[Happyatlantic]

Thanks Arabian. I appreciate it. Thought I was going to get told off again. This lawyer won't stop. Last two days, six emails - more updated affidavits, etc.


Can't wait to the weekend to turn everything off.

[Happyatlantic]

I called the Alberta court and the case was adjourned until a later date. There was not a reason given. Does anyone have any thoughts why it would be adjourned? I will likely file an application in my jurisdiction asking for jurisdiction to remain where I live and the other court to make a provisional order.

[rockscan]

More than likely it was adjourned because you hadn’t been served yet. File your paperwork to have the jurisdiction be kept in your area and see what happens.

[Happyatlantic]

I am filing on the 18th. I still havent been served and by the rules of the court i have to be served 6 days before.

[Happyatlantic]

In the Court in Halifax, it shows he was represented very well (in my opinion); however, he wants to quash the decision and reopen the divorce so that he can get spousal support from me.

I am just praying that the Court in Alberta doesn't fall for his lies.

[Happyatlantic]

OK! I had my appointment with the free half hour legal advice. There is nothing I have to file. Hopefully, the Alberta court will do it provisionally. I called and checked again and once again, it is adjourned.

He did get a Stay of Enforcement which is fine. Halifax does not transfer files of completed divorce so I have no worry there.

Does anyone have any idea why it keeps getting adjourned. Where it would be provisional, I do not need to be served I was told by my free half hour legal advice.

Just wondering if anyone might have ideas.

[Happyatlantic]

So he got his Order. Basically it is a stay of enforcement and reduction in going forward. My MEPS is beginning to register the Order so that it goes into Court in Halifax.

My questions is, when in Court at the Confirmation Hearing, do I point out his lies? I do not wish this Order to be confirmed but declined/rejected and possibly returned to Calgary for further information.

I do not and will not speak to him and/or his lawyer and have informed them and the Alberta Court of Queen's Bench of such.

Any advice would be appreciated.

[arabian]

You will have 30 days to respond once you are served (the exact date will be on the papers you receive, along with forms you can use to file - you can likely download the same forms if you have to expand on your response). You will serve your ex (regular mail is fine) and file your response in your courthouse (they will ask you to sign an affidavit stating you served your ex).

Don't be surprised if the hearing is by written submission only. This is not unusual. You should be very organized for the hearing and your submission should be well-organized and contain all the information you are relying on. Therefore it is important that you carefully review the documents you are served with.

A "heresay" situation is lame. You should try to corroborate everything you are stating as fact. The Judge in your area will review the information your ex has submitted and your information. If the judge feels additional information is required, or if you request it and judge agrees to your request, the judge will send back request to the other court. This can go back and forth for many months and sometimes many years.

Read the PROVISIONAL Order carefully and point it out to your MEPS if need be: Order only becomes enforceable with approval of your court at your hearing.

[Happyatlantic]

My MEPS told me it is provisional and has to be confirmed here. I want to show he got this Order by lying and it to be rejected/declined.

[arabian]

Yes you do what I do every year in response to my ex's provisional order.

In my case, I prepare a detailed written submission.