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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98031
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My boyfriend of a year is having issues with s ex wife of

Customer Question

Hello,
My boyfriend of a year is having issues with his ex wife of 2.5 years (they had been married for 18 years). In short, she has been stalling on signing any separation agreement, never mind divorce. Neither wants to be married to each other, but she is stonewalling any attempts to move forward. Also, she keeps changing days and times on their agreed upon schedule with the kids, thereby making it a non-schedule. He is frustrated and thinks there is nothing he can do to move this process along and is unwilling to go to court.
Is there an alternative? Can he, for example, go to his lawyer and draft an interim separation agreement based on what they had agreed-upon and then start the process for a divorce order?
Thanks,
K
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Are you asking if they can get the divorce now and then deal with the issues that are mot resolved?

Customer: replied 1 year ago.
I am asking if (a) he can expediate the separation agreement process since she is making excuses not to sign it, and (b) can he get a divorce order without having a signed separation agreement that outlines finances, divisions of property, time with the kids, holidays, etc...
Expert:  Legal Ease replied 1 year ago.

He cannot expedite the resolution of the issues. Either they must agree or a court must decide. He can apply for the divorce and have the actual divorce issued severed for the other issues so he can get the divorce itself relativity quickly.

Customer: replied 1 year ago.
Thank you! So he can indeed file for divorce now and leave the matters of finances, property/assets division, custody and access of their kids, out of it?Can he get his lawyer to send her an interim separation agreement (on issues they both agreed upon) and somehow encourage her to sign it? In other words, leave any contentious issues out of it and focus only on the agreed-upon issues?
Customer: replied 1 year ago.
Can he get his lawyer to send her an interim separation agreement (on issues they both agreed upon) and somehow encourage her to sign it? In other words, leave any contentious issues out of it and focus only on the agreed-upon issues?
Expert:  Legal Ease replied 1 year ago.

There is no way to have an interim separation agreement on some issues unless both agree and it most cases that would not make sense because the separation agreement is really a package and dealing with some issues in most cases just doesn't work. It would work if they wanted an agreement about custody and access and leave the financial issues still be to resolved down the road.

But this really isn't an issue. If your boyfriend wants to get divorced now he will be able to do so even though they cannot get an agreement signed.

Customer: replied 1 year ago.
Thank you :) What is the process for obtaining and being granted a Divorce Order in Ontario, Canada? Also, does his ex spouse have to agree to the Order and sign it, or can he get it drafted by his lawyer and file it directly with the local office of the Superior Court of Justice and have a copy of the granted Order sent to her?
Expert:  Legal Ease replied 1 year ago.

It is not that simple.

If she doesn't consent then the lawyer has to bring an application to the court to have the divorce separated from the other issues and to have the court grant the divorce.

Customer: replied 1 year ago.
Thank you. And if she DOES consent to the divorce (despite outstanding separation matters), then how do they proceed? Does his lawyer file the Divorce Order with the court and then they will be officially divorced pending a judge's seal?
Expert:  Legal Ease replied 1 year ago.

No. His lawyer would prepare the application for divorce and have served.Then she could either ignore the documents and be noted in default and then the divorce judgment would be signed or she could contest.

Or, they could apply jointly and both sign the documents which are then filed with the court and eventually signed by the judge.

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