Divorce while awaiting child support & custody proceedings?

[Aelon]

I'm currently involved in child support and child custody proceedings, and really have no idea how long it's going to take for that to be resolved. We've been separated for over 2 years.

Is it possible for me to proceed with filing for divorce, or is it unlikely that a judge would grant a divorce under these circumstances in Ontario? I'm just tired of being perpetually "separated."

 

[ddol1]

After the one year mark - you can not be denied your request to have your divorce. You file the correct paperwork and serve your ex- you are on your way. He can't say no. What drags us on is the property and child custody/parenting issues. SO it is possible to do this yourself or get your lawyer to start the "ball rolling".

 

[torontonian]

I believe the severing of the divorce from the other issues can only be allowed if the process to solve these outstanding issues has started. Child support has to be in place. There also has to be no prejudice to the other spouse upon loss of being a "spouse" (health coverage etc)
See Ontario divorce and family law

 

[tugofwar]

After the one year mark - you can not be denied your request to have your divorce. You file the correct paperwork and serve your ex-

Anyone know how it's possible if your ex is not served? I had no idea until I went down to the courthouse and saw the paperwork myself... I had been divorced for months and didn't know about it ( damn, I didn't get to celebrate the right way!)

 

[ddol1]

tugofwar - well it looks like you became invisible or you moved out of the country that day! But I believe I just read some of the rules and your ex can swear to your not being found, no idea where you went and the court accepts it (after the year is up at least). It has something to do with if one spouse wants the divorce the other can't stop it - so after the year it didn't matter - but I agree to the celebration part - Yaa-Hoooo!......little bit of the Calgarian slipped out!

 

[Aelon]

I believe the severing of the divorce from the other issues can only be allowed if the process to solve these outstanding issues has started. Child support has to be in place. There also has to be no prejudice to the other spouse upon loss of being a "spouse" (health coverage etc)
See Ontario divorce and family law

So if proceedings for child support/custody have been initiated but have yet to be resolved, one could still proceed with filing for divorce? I notice that Form 36 (Affidavit for Divorce) requests for the details of custody and support. If those details have yet to be finalized, what then?

 

[torontonian]

Judge won't grant a divorce until all outstanding issues have been resolved. So yes, you can start, but the timing of the granting has to be concurrent, for e.g., it will be a hearing for a motion for divorce at the same time as a motion for CS. (hope Tayken is checking this, will defer to his word)

 

[Pursuinghappiness]

After the one year mark - you can not be denied your request to have your divorce. You file the correct paperwork and serve your ex- you are on your way. He can't say no. What drags us on is the property and child custody/parenting issues. SO it is possible to do this yourself or get your lawyer to start the "ball rolling".

Aelon:

That information is incorrect, be careful what advice you listen to on this forum.

You can request a divorce prior to outstanding issues being resolved by filing a motion, however, generally the court will not grant a divorce until the issues are resolved. There are rare cases where it does happen in the event of abuse or other unique circumstances but generally the answer is no. http://www.attorneygeneral.jus.gov.on.ca/english/family/faq.asp

You can certainly start the process of divorce without cause after one year...ie, prior to one year of separation, if you accused your spouse of adultery, you'd have to have prove it to divorce but you'll probably need to resolve financial and child custody issues before it will be granted.

Are you waiting for a custody evaluation or has she rejected reasonable offers to settle? What is holding you up?