First appearance info...

[Per Nielsen]

Hi...I am a new member here and have a question. Today I had my first appearance in family court with regards to my divorce application. The respondant was served on December 20, 2010 has not filed a reply and today was a no show at our first appearance. I have a meeting with my lawyer on Feb. 14th to sign for an uncontested divorce order. My lawyer was very vaque as to the next step. Any help in letting me know if the uncontested divorce will now go through or are there futher possible roadblocks that I should be aware of. Any help would be greatly appreciated. Thanks!!!

 

[AnnainOntario]

If you have been separated for a year you can get a divorce without a response from the other party. Before a judge will grant you the divorce he/she will want to know if there are children involved and if support is being provided. I'm only going by my experience (in Ontario).

 

[Kenny]

I am surprised that your case went to the uncontested trial stage so quickly. What you will likely be signing is the Form 23C, Affidavit for Uncontested Trial.

From my own experience in 2010, as far as roadblocks are concerned, my ex did not file or show for the first appearance, but later called and we ended-up scheduling another first appearance. Other roadblocks are improper filing from your ex, them showing up unprepared, etc. It can be frustrating, but if an applicant hangs in long enough, the system can sometimes work.