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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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  #1  
Old 03-11-2015, 01:20 PM
HammerDad HammerDad is offline
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Default Dismissal Order

This question was posted in my Bio by a new member - j03_v

Good Morning, I don't seem to be having any luck with posting or email. I was just looking for some simple clarity about the Dismissal Order. Does it mean that the Divorce is over? My ex filed a simple Divorce Request over a year ago, and since I have received Notices for Dismissal, yesterday the Dismissal Order. I would like clarity as from what I have found and heard from civilian colleagues, I am just not sure anymore. thanks Jeff, from a newbie who just wants clarity.
J.
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Old 03-11-2015, 01:45 PM
DunnMom DunnMom is offline
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I'm no lawyer but from what I gather it means they basically tossed the Divorce Request so you are NOT divorced.

If you want the Divorce to go through then you would need to reapply with a new request (in Ontario it would be a Form 8A "Application for Divorce")
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Old 03-11-2015, 08:28 PM
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thank you.
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Old 03-11-2015, 09:09 PM
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Agreed with Dunnmom, if your ex started the process but nothing was scheduled you would each receive in the mail a notice of pending dismissal for inactivity for 365 days. At that time, you would choose either to schedule a motion/case.conference to keep things active and moving forward or do nothing and it is dismissed. if dismissed, you will need to start the entire process over.
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Old 03-11-2015, 09:46 PM
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Default Is it possible to go thru the process quickly?

Thank you, if both are in favor of the divorce, and neither contests the order once restarted, is there a way to go thru the process more quickly ? thanks again.
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Old 03-11-2015, 10:32 PM
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Depends if you have kids and if there are CS/SS orders to be made. If no kids, no property issues, equalization etc is taken care of it is fairly straight forward:

How to Prepare an Uncontested Divorce by Simple Application | The Law Society of Upper Canada
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Old 03-11-2015, 10:42 PM
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Good to know, will get it going. Thanks All for your quick replies.
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