affidavidt

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ringettteplayer

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Hi everyone hope you all had a great holiday and enjoyed my absence! haha

im baaack i know such a surprise, this time i have great news, my house just sold i signed my affidavidt did my p a s course (alberta) and notice to disclose etc., and got the process officer ready to serve next week!!


my only concern is in my affidavidt i did not mention any of the physical abuse i endured over the 16 years of my marriage, i know in consults i have told my lawyer, however my concern is before i serve him should i have it added in it after i have sworn? the police were never involved, why did i leave it out hindsight i guess and because i never had "proof" so can anyone offer me advice as to whether i should as his responding affidavidt is going to paint me as a horrible wife and mother etc., although he left me with the children and moved away....thanks everyone soo much for you ideas, suggestions advice always greatly appreciated.

1, applying for sole custody and cs,ss, and the net proceeds from the house sale.

i have set up numberous attempts for him to see the children and even offered to drive 2 hours to meet him for him to see his children at christmas he refused all 3 proposals and has not seen his children since july 4 2011.


my lawyer went on vacation on friday we are set to serve tuesday.
 
You can be granted an immediate divorce (don't have to wait the one year) on basis of adultery or mental/physical cruelty. You would need documented police reports for physical cruelty. For adultery you also need proof, preferably by him swearing an affidavit of adultery.

If you have none of the above I wouldn't bring it up. He can say all the wild and crazy unsubstantiated things he wants to. However, I would not lower yourself to this. Keep your statements short and filled with information that is factual and provable.

Congrats on selling your house!
 
Thanks

Thanks

Hi Arabian standing and slug!! Thanks I feel much better! I didn't include it because I have no proof, nor does he! it's obvious that he will be vindictive and cruel I know the man! I'm just happy I'm young enough to have a happy beginning! Thanks everyone I really didn't want to include it but I wasn't sure if I was missing or overlooking a vital ingredient! and yes thank god the house sold before he got served!! Heh heh I can't imagine doing business with him after the fact! You guys are great thanks again for the advice I was barely able to sleep worrying.....
 
After enduring physical abuse over i6 years of marriage, I don't think it would hurt your case at all if you imparted this information. If you can state your facts about the abuse in a succinct and unemotional way, it may very likely work in your favour. But speak to your lawyer about this matter first.
 
Personally I think you should include the abuse.The normal dynamics of a divorce don't exist in abuse cases.While "normal" people can use email, in an abusive relationship "our family wizard" may be a must.While "normal"can do pick ups and drop offs at the front door in abusive relationships you may need to do the handover at a visit centre.

The judge cannot understand the dynamics of your relationship with each other and the children if they are not informed.Therefore you cannot expect a fair result .If your ex smashes in your windows in two months times and you NEED a restraining order you may not get one, because you have lied through omission.BE 100% HONEST ,it will always be the better choice in the long run.I hope this works out for you :) (I am not a lawyer nor do I claim to be )
 
You can be granted an immediate divorce (don't have to wait the one year) on basis of adultery or mental/physical cruelty.
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If proven, which is not as simple as it may seem.

If the other person decides to argue it, your divorce will almost certainly take longer than if you simply waited the year.
 
^agreed. My remarks should have included "agreement by spouse to swear an affidavit of admission of adultery, mental or physical abuse."
 
thanks orleans and arabian

and caranna! sorry hun i missed thanking you earlier my apologies!

the good thing is my year is almost up so... as far as the abuse goes i am going to leave it with my lawyer and when she gets back she can figure out what to do if anything or hang on to , i know he will say there was domestic violence as he did when he went to the cops back in the summer, i am thinking that i should be able to access that report or file tho eh? or is not available to me? I'd rather do it than my lawyer (im cheaper haha)
 
so if i go in and state when this n that happened they would be able to pull it up for me? it was 6 months ago but i know he admitted to the cop that he hit me in the past the officer told me he admitted to domestic violence i would love to get my mitts on that file to keep at my lawyers.
 
Yes there should be a police file number. Were you not asked to fill out a form at or around the time of the incident?
 
no but i pretty sure i saw him filling something out when i was there, he is the one who called and made the complaint about me and then wanted me charged with harrassment, the officer told me that she opened a file up i said ok, and a couple of weeks later she called me and asked how things were blah blah and then said ok no complaints i will close the file then so...
 
ringettteplayer said:
thanks orleans and arabian

and caranna! sorry hun i missed thanking you earlier my apologies!

the good thing is my year is almost up so... as far as the abuse goes i am going to leave it with my lawyer and when she gets back she can figure out what to do if anything or hang on to , i know he will say there was domestic violence as he did when he went to the cops back in the summer, i am thinking that i should be able to access that report or file tho eh? or is not available to me? I'd rather do it than my lawyer (im cheaper haha)
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It should be interesting to see what is written in your file. I'd request it, that's for sure.

The morning I left, the police had attended, even though I didn't call them. It was early in the morning and he was still in bed, probably half asleep. He had drunk his usual wine the night before. One of the officers asked him if he physically abused me, and he admitted that he did. I was quite surprised that he admitted this. I made sure that I got the name of the police office who had attended. (Didn't know anything about requesting his ID at the time).

Of course, he thoroughly regrets admitting his abuse. I won't go into minutiae details right now but he has been spreading lies about me being crazy, unpredictable, irrational, suicidal, all the while pretending that he is so-o-o concerned abut his poor, crazy wife.

His slandering bothered me greatly for awhile, but I stayed on the high ground and am so glad I did. :)
 
Bizarre eh caranna! i know he is going to pull that exact stunt with me he already emailed me about how mentally unstable i am!

my rebuttal is if i was soo unstable why in the hell would you walk away and buy a house half way across the country and leave your kids with such a mentally unstable person?!!

He has asked to see his kids 3 times last year and saw them for a total of 12 days in 2012 ( i think it was 12 give or take a day) and has yet to see them this year he keeps claiming that i live in another province etc even tho i have emailed him my wherabouts!

oi vay he is someone elses cupcake now to enjoy well until this wifey interefers with a pesky divorce claim :D
and with custody surely to god status quo should be on my side?
 
I should state that the physical abuse happened a long time ago. It probably would not be of significant relevance should we go to court, but it is great to know that he admitted his abuse to a police officer.

If your to be ex filed the report, although he abused you, be prepared for him to have stated a lot of lies geared heavily in his favour.
 
It's obvious he doesn't care about his children. Any judge with an ounce of intelligence should be able to see that!

Our "husbands" sure are alike! Oh my gosh, does he have a son I don't know about???
 
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