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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
11-10-2009, 08:51 PM
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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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#2
11-10-2009, 09:19 PM
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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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#3
11-10-2009, 09:49 PM
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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!! Quote:
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#4
11-10-2009, 10:17 PM
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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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#5
11-10-2009, 10:29 PM
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Thanks independentgal!
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