Divorce first before custody, access, and support are finanized

[maple_2009]

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.

[dadtotheend]

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.

[maple_2009]

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!!

Originally Posted by dadtotheend

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.

[independentgal]

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.

[maple_2009]

Thanks independentgal!