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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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  #1  
Old 03-25-2014, 04:58 PM
Links17 Links17 is offline
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Default Lawyers/Cogs in the System

Hey,

all you lurkers/posters - if you are a lawyer or any other part of the legal system. Have YOU found these forums useful in anyway, i.e: research of a participant or different view/strategy?
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Old 03-26-2014, 10:17 AM
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It looks like no lawyers around or they just being undercover. It would be interesting to know their opinion too, if it's not much hassle for their precious time of course.

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Old 03-26-2014, 01:01 PM
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I'm a paralegal in a law firm. Although, my current firm doesn't do any family law.

I've found this place to be helpful for myself in gaining perspective. My situation differs greatly from most here, as my ex is for the most part reasonable and we actually get along.
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Old 03-26-2014, 03:28 PM
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Quote:
Originally Posted by HammerDad View Post
I'm a paralegal in a law firm. Although, my current firm doesn't do any family law.

I've found this place to be helpful for myself in gaining perspective. My situation differs greatly from most here, as my ex is for the most part reasonable and we actually get along.
You're a lucky man hammerdad, most of us are struggling with frustrated and unreasonable ex spouses, so no wonder why we find so much useful information here, my congratulations for the site admins. I'm little bit disappointed for not getting some lawyer's reviews or their vision on some topics, it would be really really interesting. I'm dying to know for example why Canada doesn't embrace adultery penalty as many other countries do out there, it's really how you build the society, on what morals grounds and what examples do we provide for future young generations!

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Old 03-26-2014, 05:03 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by paco View Post
You're a lucky man hammerdad, most of us are struggling with frustrated and unreasonable ex spouses, so no wonder why we find so much useful information here, my congratulations for the site admins. I'm little bit disappointed for not getting some lawyer's reviews or their vision on some topics, it would be really really interesting. I'm dying to know for example why Canada doesn't embrace adultery penalty as many other countries do out there, it's really how you build the society, on what morals grounds and what examples do we provide for future young generations!

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What would punishing adultery do in the grand scheme of things? In my opinion nothing. I think it is completely wrong, but to punish someone for it would do nothing except clog up the court system more with exs trying to get their exs punished for adultery.
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Old 03-26-2014, 05:12 PM
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Quote:
Originally Posted by Berner_Faith View Post
What would punishing adultery do in the grand scheme of things? In my opinion nothing. I think it is completely wrong, but to punish someone for it would do nothing except clog up the court system more with exs trying to get their exs punished for adultery.
It is a slippery slope. Currently today divorce is no fault. There are some special rules about handling it in case of abuse or adultery, but no financial penalties.

If we make an exception and "punish" adultery, that opens up the floodgates for other possible exceptions like mental cruelty, witholding sex, who knows what all.

I think the principle of no fault saves the courts, and everyone else, much time and money.
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Old 03-26-2014, 05:59 PM
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My ex attested to adultery. The only benefit was that I didn't have to wait a full year before applying for divorce. For me that was important.

Adultery is indeed grounds for divorce, as is mental or physical cruelty. However, proof is required.
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Old 03-26-2014, 06:49 PM
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Adultery is indeed grounds for divorce, as is mental or physical cruelty. However, proof is required.
Are you sure proof is required? I believe that you serve the other party and attest that you are seeking a divorce based on abuse or adultry and you serve them. If they do not respond then they have accepted the claim of abuse or adultry.
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Old 03-26-2014, 07:38 PM
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You may be right but my lawyer always told me a good rule of thumb is that you never bring something into the courtroom that you cannot substantiate.

I believe that in general if someone doesn't dispute the allegation/claim, and they were served in accordance with the Rules of Court, then the application would be approved. Of course an exception would be if the judge felt that the matter required further investigation or intervention (if it involved a minor).
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Old 03-26-2014, 09:22 PM
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That's a long and interesting discussion about adultery, usually who's committing adultery has no chances for custody, only access, not in Canada. This is the "punishment", not such things like going to prison or getting fines, the system is punishing you by loosing the most precious people in your life, your children. Can anyone tell me what example can give a parent to his kids who committed adultery, and afterwards get sole custody in court as well? When these kids are grown up adults now, what kind of behaviour they'll may have in regards of cheating and immoral relationships vs marriage? Then what's a marriage or a common law partnership for in a normal society?

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