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  • #16
    The ex refuses to put down on paper and sign any of these agreements, as far as I can tell.

    Isn't a ex always the problem, lol!

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    • #17
      Then you get her in a room with a judge and the nice judge says Annabella we will work with you this afternoon so you and Billie here will come to an agreement or I will order it and sign it for you: binding arbitration.

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      • #18
        if the divorce is severed before the issues are settled re: matrimonial home, there ceases to be a matrimonial home and the person on the title is entitled to the house?
        As in, does the other person give up their claim of possession of the home, unless there is a court Order providing it? My view is yes.

        I have not seen any case law on the matter, however. A judge might not permit a divorce to be severed if people were still residing in the same home more than one year after separation, with only one person on title. That would seem a legitimate reason to oppose the claim for severing.

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        • #19
          Makes sense, thanks for clarifying, OL!

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          • #20
            I want to fill in the divorce order for my motion to order a divorce separate from the issues. There is an active case, but there is a temporary order for CS. We have been separated 7 years with no issues around 50/50 access and family property was divided long ago. She won't sign anything or advance her case - I just want a divorce, I've lost hope on signing a separation agreement.

            Does anyone have an example of the wording in form 25A for such a situation (ie order divorce severed from the corollary issues.)?
            Last edited by billm; 05-16-2014, 06:44 PM.

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            • #21
              Originally posted by billm View Post
              I want to fill in the divorce order for my motion to order a divorce separate from the issues. There is an active case, but there is a temporary order for CS. We have been separated 7 years with no issues around 50/50 access and family property was divided long ago. She won't sign anything or advance her case - I just want a divorce, I've lost hope on signing a separation agreement.
              This is my situation too. stbx is dragging and delaying (6 months to respond to a draft SA anyone? That was just for 1 SA draft versions of about 10) and all I want is a divorce so I can move on with my life.

              Is severing the only option?

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