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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 12-01-2021, 10:50 PM
canthisberight canthisberight is offline
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Default A what if?

Everything money wise, support wise is settled...

The last thing that the ex is "court ordered" to do...is to file for the divorce at her expense..must be done by end of month.

If she doesn't file? Will we need to pay our lawyer again to inquire about this?

If its court ordered and not completed what could happen?
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Old 12-01-2021, 11:00 PM
rockscan rockscan is offline
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He can file. Its not difficult. He can also ask for costs but he wont get them.
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Old 12-01-2021, 11:18 PM
canthisberight canthisberight is offline
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Default Ok..but we have it in writing..

That she is to file and pay by Dec 31st?
Does that mean anything?
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Old 12-02-2021, 05:29 AM
Brampton33 Brampton33 is offline
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There are many examples of stuff being in court orders where one person seems to not follow, and not care. Whether it be to not badtalk the other parent, split costs of things, or keep other parent informed on stuff. It is hard to enforce and rarely has repercussions when it’s not. The only big ticket items that gets the judge’s attention is payment of supports and exercising of parenting time.

If your ex does not file for divorce by end of month, do it yourself. There will be zero reprimand for her not doing it. It costs about $650 altogether. Consider it the cost for closing the book on that chapter.
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Old 12-02-2021, 09:03 AM
pinkHouses pinkHouses is offline
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Can the Order be taken to small claims court and a reimbursement of fees won?
Can someone explain why not if the answer is "no"?
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Old 12-02-2021, 09:14 AM
rockscan rockscan is offline
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Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.
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Old 12-02-2021, 09:27 AM
Brampton33 Brampton33 is offline
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Also, the bar to reach/standard for a person to be found in contempt of a court order is high. Really high. The penalties that come with contempt judgement can go as far as jail time. The fact that someone did not file a divorce application per the timeline of a court order doesn't even come close to making it on the radar. Your ex can simply say they are short on cash and will file when money becomes available.

Just file it yourself.
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Old 12-02-2021, 12:52 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by rockscan View Post
Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.
Small claims court. Lots of room in small claims court.
So can it be brought there?
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Old 12-02-2021, 02:09 PM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by pinkHouses View Post
Small claims court. Lots of room in small claims court.
So can it be brought there?
Small claims court will tell you its a Family Court matter. And Family Court will tell you its too small of potatoes to waste their time with. Honestly, its $650. Just file it yourself if its so important that it be done right away.
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Old 12-02-2021, 02:29 PM
rockscan rockscan is offline
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All courts have certain jurisdictions and limits to what they can do. Small claims court is for financial issues between two parties that are not family law related. Family Law matters go in Family Court/Superior Court.

If the person wont file the divorce do it yourself if you want it badly enough.
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