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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96498
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My wife served me with court papers today. in the claim by

Customer Question

My wife served me with court papers today. in the claim by applicant section it is indicated thaty there are claims under the family law act ONLY. i.e. no claims under the divorce act. Also in the detail section below that, asking for spousal support, child support. No mention of division of property, etc... can that be changed by her later?
Submitted: 8 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 8 months ago.
What province is this please?When did you separate?Is this in provincial court?
Customer: replied 8 months ago.
Ontario provincial court. separated Oct 27 2015
Expert:  Legal Ease replied 8 months ago.
She can seek a division of assets within 6 years of the date of separation or 2 years after you divorce, which ever comes first. She is doing this as she wants to deal with these issues in provincial court which is faster and simpler. She cannot deal with property now unless she brings her application in superior court. Does that answer your question?
Customer: replied 8 months ago.
are you saying the divorce is in superior court too? why would someone ask for support and not divorce? I have until the middle of May as that is when the 1st appearance is. when should i retain a lawyer for this? i believe some of the information she provided is not accurate. what steps do i need to take in order to correct them?
Expert:  Legal Ease replied 8 months ago.
Yes the divorce is in Superior Court.You have to put in a reply and you tell your side of the story in your reply. She wants to use a simpler and faster court. Perhaps she is self-representing. It is best to retain a lawyer now. So she wants this in place now and then will later deal with property division and possibly a divorce application as well.
Customer: replied 8 months ago.
what forms do i use for a reply. if i dont agree with this, can i request a change to include separation of assets and divorce as well? is it better to deal with it all at the same time?
Expert:  Legal Ease replied 8 months ago.
Your best approach without a doubt is to retain a family lawyer and have all of this moved to superior court. This will be much less expensive in the end and it will also require your spouse to deal with all the issues in a more complex and expensive court now. This will give you the upper hand in terms of potentially settling. It is very unwise to attempt to reply on your own especially when the way to get this done better for you involves moving the file to superior court and that is a bit complex.
Customer: replied 8 months ago.
In the court document, it says I must attend an MIP. What is this and who should/could attend this?
Expert:  Legal Ease replied 8 months ago.
You have to attend. Here is a link to the information you will need about that: https://www.attorneygeneral.jus.gov.on.ca/english/family/family_justice_services.php#mip

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