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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  
Old 04-02-2017, 09:00 AM
bluewater bluewater is offline
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Default Finalizing divorce after Final Order in place

I have a Final Order on consent from Aug 2016 that deals with custody, access, and child support. Shared custody, 50/50 access and school in my area.

I am now wanting to finalize my divorce, and asked my ex if she would do a joint application with me to simplify things. She said that she will never accept a divorce and will fight to open the order up again and if I try. Her reasoning is that she does not like my girlfriend, so she will never consent to me marrying her and starting a family with anyone else.

Now, from a previous post I now see it's pretty clear that the Final Order will stay as it is, but can she fight me on the divorce itself and drag me to court or just delay the process?

I am not looking to get married anytime soon, but I would like to have this done and over with to start to move on with my life.

Thanks for the support and advice.
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Old 04-02-2017, 01:56 PM
trinton trinton is offline
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how long were you married for? did she ask for any spousal support initially? do you both work? any property?

was the initial order only for custody and access or was there any claim for divorce?

you can file an affidavit in supoort of divorce, with the final custody order attached. judge could grant a divorce based on that order but catch 101 is that she can turn around and ask for spousal support.

she can't deny you a divorce just because she doesn't want you to merry her better looking and better behaved replacement - you could actually use that against her to collect your costs.

without knowing whether she is entitled to spousal support or not or whether she waved that right before, it's hard to say whether you could get the divorce or not.

Last edited by trinton; 04-02-2017 at 02:00 PM.
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Old 04-02-2017, 02:05 PM
bluewater bluewater is offline
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Trinton,

-Married 7 years before the separation.
-She asked for spousal support in mediation, but was told by her lawyer to not bother so never in a court document.
-We are both teachers, she will have the same salary as me in a few years when she's at the top of the grid.
-We had property but that was addressed and settled in the Final Order.
-No claim for divorce in the initial order.
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Old 01-30-2018, 01:39 PM
bluewater bluewater is offline
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Revisiting this issue after letting it lie for much too long. I recently brought up the issue of finalizing the divorce since the X and I have been separated for 3 years and are both living with other people. However, she indicated to me that she would open up everything from access and our child's school to spousal support and property division if I filed divorce papers.


The issues dealt with in our final order on consent (which she sent and I agreed to) are in the previous post. However, I still have a couple of questions:


1. Can she actually open anything up as she claimed since we have a final order or does she still have to prove material change? I've read some conflicting opinions.


2. If she cannot, then on what grounds could she even contest the divorce? What could her grounds be?


Thanks again for all of your help.



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Old 01-30-2018, 02:40 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by bluewater View Post
1. Can she actually open anything up as she claimed since we have a final order or does she still have to prove material change? I've read some conflicting opinions.
Yes, but the onus falls on her to demonstrate a "material change in circumstance". Not liking your partner is not material nor is it a change in circumstance.

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2. If she cannot, then on what grounds could she even contest the divorce? What could her grounds be?
That the attached FINAL ORDER made on CONSENT needs to be changed due to a "material change in circumstance". Her onus... Not yours.

Read this article: https://blog.separation.ca/supreme-c...nces%E2%80%9D/

It will answer 99% of your questions.
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Old 01-30-2018, 02:40 PM
rockscan rockscan is offline
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If she had independent legal advice then she would have an uphill battle to demonstrate why it wasn’t adequate. For access you have a status quo which is working and again, uphill battle. For spousal she would need to prove why she needs it now versus why it was the way it was then.

Shes obviously trying to prevent you from filing for divorce for whatever reason. If you want to get remarried then just go for it. Call her bluff and be done with it. Or speak to a lawyer about it and go from there.

Has she indicated why she has an issue?
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Old 01-31-2018, 10:39 AM
bluewater bluewater is offline
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Tayken,

Thank you for the article. That did in fact answer my question wrt support!


rockscan,

Yes, she did have independent legal advice, the final order was negotiated using lawyers on both sides. She now claims that she should never have sent the offer, but she did and hasn't attempted to change it since it was ordered in August 2015.


The issues she has seem to change, however most recently she says that she wants a more detailed parenting plan and a re-assessment of finances and support before she will agree. I have for a long time advocated for a more detailed plan, but she has so far declined to talk about it. The finances and support from my perspective have been settled, but she either wants to open that up again or prevent me from divorcing her. She has made it clear that she doesn't like my partner as well.



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Old 01-31-2018, 03:17 PM
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Originally Posted by bluewater View Post
Tayken,

Thank you for the article. That did in fact answer my question wrt support!


rockscan,

Yes, she did have independent legal advice, the final order was negotiated using lawyers on both sides. She now claims that she should never have sent the offer, but she did and hasn't attempted to change it since it was ordered in August 2015.


The issues she has seem to change, however most recently she says that she wants a more detailed parenting plan and a re-assessment of finances and support before she will agree. I have for a long time advocated for a more detailed plan, but she has so far declined to talk about it. The finances and support from my perspective have been settled, but she either wants to open that up again or prevent me from divorcing her. She has made it clear that she doesn't like my partner as well.



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Send over an offer to support with more detail. Easy.

Send over a Form 20 requesting her financial disclosure and attach to it a Form 13 done with your past 3 years tax returns.

Send over the uncontested divorce paperwork for her to sign.

I always recommend people sign three agreements.

1. For equalization.
2. Custody and access.
3. Child Support and SS.

These huge comprehensive agreements are a pain to deal with. CS and SS change year-to-year. So it is easier to deal with a light weight agreement.
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