Filing for divorce

[good_mom]

Presently been separated for 18 months and do have an SA in place however STBX and I have been negotiating an amendment.

Nothing to do with 50/50 or CS that is covered but amendment has to do with vacation time and a set holiday rotation.

(I don't need any feedback on how this was missed...been scolded for this already)

we both have 50/50. 2-2-3, shared residency..etc...

I chose to have STBX as their father, I respect that this is a commitment set by both parents to our children for the rest of their lives and has nothing to do with the break down of the marriage.

My question is this, Can I file for divorce without the amendment since it has been already a year?

In fact, can anyone file for divorce without an agreement?

Thanks.

[HappyDays]

I believe there has to be an agreement for custody, access, and support before divorce. Not sure if equalization needs to be finalized/paid first as well.

I don't think amending vacation schedules would affect finalizing the divorce.

[Mess]

You can sever the divorce from other matters, there is a check box of the application. If the other party contests this, it may be a problem, but if you both agree, then it is generally a rubber stamp. With children involved you may have to explain that you are in the process of sorting things out but their needs are being taken care of.

In your case, you have an SA so there is no issue there. IF your matter is before the courts, if you are in provincial court to change an existing order, and you file in federal court for divorce, then you may run into some issues. If you are just negotiating an ammendment to your agreement and it won't be going through the courts, then you should have no problems.

In your case, to expedite things, you could note on the divorce application that an SA has be signed and support and custody issues have been dealt with and there are no outstanding issues. A small fib. Continue to negotiate the vacation time and pretend it came up after you filed for the divorce.

[takeontheworld]

Agree with Mess. My divorce was severed. I've been divorced for almost a year now while support, equilization is still making its way through the courts.