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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 11-10-2009, 08:51 PM
maple_2009 maple_2009 is offline
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Question Divorce first before custody, access, and support are finanized

Hi,

I am reading some documents from Ontario Government and found that "those issues (custody, access, and support) can be deal with apart from or together with the divorce application". Does this mean I can file divorce application and get divorced first then settle those issues later?

Thanks for any advice.
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Old 11-10-2009, 09:19 PM
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dadtotheend dadtotheend is offline
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If there are kids involved, a judge will not usually grant a divorce without making sure that they are adequately provided for.

Accordingly, I believe that support must be settled and satisfactory prior to the divorce being granted.
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Old 11-10-2009, 09:49 PM
maple_2009 maple_2009 is offline
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Thank you very much for your reply.

Here is my case. I wonder if I can file divorce first in my case:

We separated for more than 2 years. We have interim agreement. And I paid CS+SS+EE(close to $2000/month) to her since separation. Her boyfriend moved in with her in last May.

I asked her many times to settle agreement with me but every time she made excuses and didn't talk to me. Her boyfriend made over 100k/year, and lived with her in her house for over 1.5 year now.

In this case, can i file divorce first? Will judge support my divorce?

Thank you again for your time!!


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Originally Posted by dadtotheend View Post
If there are kids involved, a judge will not usually grant a divorce without making sure that they are adequately provided for.

Accordingly, I believe that support must be settled and satisfactory prior to the divorce being granted.
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Old 11-10-2009, 10:17 PM
independentgal independentgal is offline
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You can request to "sever the divorce from the corollary issues" which allows you to remarry etc before your marital and property issues are dealt with.
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Old 11-10-2009, 10:29 PM
maple_2009 maple_2009 is offline
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Thanks independentgal!
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