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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 10-21-2012, 08:13 PM
sa_snoopin sa_snoopin is offline
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Unhappy Endorsement to an order

Does anyone know how I can convert an endorsement into an order? What form will I need and what Rule # can I look at?
This was a 30 year misery and the respondent husband has refused to get a lawyer and I've run out of money. We've had a case conference and case settlement. Both times the judge wouldn't make an order but was very stern with respondent to settle.
This is a simple case, I want my half of the assets (he emptied the bank accounts when I caught him cheating). I'm entitled to support.
I don't understand why the judge won't just make an order, there's abuse involved and I have a mountain of evidence for everything.

We're going to a trial conference in January, one year after our separation date. No kids involved - they are both adults and married.

How do I get a judge to make an order?
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Old 10-21-2012, 08:32 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by sa_snoopin View Post
Does anyone know how I can convert an endorsement into an order? What form will I need and what Rule # can I look at?
This was a 30 year misery and the respondent husband has refused to get a lawyer and I've run out of money. We've had a case conference and case settlement. Both times the judge wouldn't make an order but was very stern with respondent to settle.
This is a simple case, I want my half of the assets (he emptied the bank accounts when I caught him cheating). I'm entitled to support.
I don't understand why the judge won't just make an order, there's abuse involved and I have a mountain of evidence for everything.

We're going to a trial conference in January, one year after our separation date. No kids involved - they are both adults and married.

How do I get a judge to make an order?
Judge can not make an order on substantive issues on conference (unless both parties agree). From what you wrote it looks like you will have your order after the trial.

WD
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Old 10-22-2012, 09:20 AM
limer limer is offline
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You'll want to put in a motion for interim spousal support. I would also suppose that within your claim that you checked off appropriate boxes for spousal support and equalization.

Usually an endorsement will be specific as has some form of order within it. In any case, from an endorsemdent, usually the moving party makes up a draft copy of the "order" the judge is going to sign. They then send this to opposing party approving the draft as to form and content. The judge would then sign and put it into a formalized, signed, sealed order. If they oppose, then they have to submit a copy of their draft to you. If not resolved then it goes in front of the judge. You'll find info within the Family Law Rules.

Last edited by limer; 10-22-2012 at 09:23 AM. Reason: Added endorsement
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Old 10-22-2012, 11:06 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
Does anyone know how I can convert an endorsement into an order?
If both sides are self represented, the court staff should do it. You may wish to attend the family counter and review your Endorsement book, under the Orders tab.

In the event that court staff have not done it, or if there are lawyers involved, one party will serve the draft Order on the other party then file it with the court. If the other party does not contest it then the Order will be signed a short time later.

Quote:
How do I get a judge to make an order?
Bring a motion for interim issues or otherwise have a trial over the substantive ones. For example, as Limer stated, a motion for interim spousal support may be appropriate depending upon your circumstances.
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Old 10-22-2012, 11:20 AM
sa_snoopin sa_snoopin is offline
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The motion for spousal support probably won't work because I do have a job and no small kids. I believe I have to show dire need. I'm entitled because he makes more than I do but this is the one issue that he's fighting tooth and nail on.

What's the procedure to convert that endorsement to an order? I fill out form 25 and then what? Do I need to serve him and then file it with the court? The endorsement simply tells us the steps we need to take for the trial conference and lists the issues that are still outstanding (ie: division of bank accounts, assets, cars - which he stole from me and refused to return forcing me to have to buy another car and go into more debt - property settlement, and SS).

Other than Form 25, what other forms do I need to convert this to an order?

He will not agree to anything (hence why we're even going to trial) so it'll have to be the judge that forces it.
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Old 10-22-2012, 11:27 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
I'm entitled because he makes more than I do
That is not one of the grounds for entitlement.
You will need to show that you,
1 - Have need; or
2 - Suffered financial loss from the relationship.

Quote:
What's the procedure to convert that endorsement to an order?
Fill out Order, serve it, file it. Talk to court staff first to see whether they have already made one.

However, if there isn't something in the endorsement you want enforced, you may wish to contemplate whether producing it as an Order has any practical value.
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Old 10-22-2012, 11:34 AM
sa_snoopin sa_snoopin is offline
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I'm entitled for SS because he's always been the main breadwinner and I never furthered myself because I put the kids and home first. This is a long marriage and there is a need. I have to find a way to make more money to be able to go it alone.
I've spoken to several lawyers and after reviewing the case they've all told me I'm entitled to SS. The judge also said I'm entitled to SS.

Do I just list what I need endorsed right away? He's taken all the money from the joint accounts and now he's stopped paying property taxes on the house I'm living in while he's still collecting the rent from it. He's also taken all 3 cars leaving me in debt to get another one.

Does this mean he can get away with all the financial hardship he's caused me? He never spent a penny on a lawyer, I did - my own stupidity because I was so desperate to get out of the matrimonial house and away from him and his terrorizing.
He can now get away with all of this because he emptied out the accounts without me even knowing it?
Does this mean he doesn't need to split his RRSP's or any other assets?
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Old 10-22-2012, 12:05 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Do I just list what I need endorsed right away?
An Order would go based on what the judge says in their endorsement. If you want things the judge has not endorsed then you would need to proceed with a motion or trial.

Quote:
He's taken all the money from the joint accounts and now he's stopped paying property taxes on the house I'm living in while he's still collecting the rent from it. He's also taken all 3 cars leaving me in debt to get another one.

Does this mean he can get away with all the financial hardship he's caused me?
If you are in financial hardship you may wish to consider bringing a motion for interim spousal support.

Quote:
He can now get away with all of this because he emptied out the accounts without me even knowing it?
Does this mean he doesn't need to split his RRSP's or any other assets?
You are entitled to equalization. It will take time to occur, however.
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