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Debra
Debra, Lawyer
Category: Canada Law
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Indicate your full legal name] technicality Can the

Customer Question

indicate your full legal name] technicality
Can the respondent say "this is not my full legal name. This is not the date I married. I have filed and payed for this form on july 07 which makes me the applicant not the Respondent. I do not acknowledge the content of this court order." And restart as if nothing was ever filed from other party? If yes. Can you please give me the proper phrasing.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I need more information than this.

Are you saying you started a divorce application first and then you spouse did as well?

And what court order is there?

Customer: replied 1 year ago.
Form 8 application simple divorce. Court wanted spouse 's $ disclosure. A year later, he files for a motion without notice. Court gave spouse 40 days for $ disclosure. Spouse asked to settle amicably; filed a application using my FC - number; as applicant. Full legal names: not correct; Date of marriage: not correct. Two year has past. Still no divorce.
Expert:  Debra replied 1 year ago.

What is your spouse's application for. Your facts are simply not clear enough for me to gain any understanding of what is going on. I am a senior family lawyer in Ontario so please take the time to provide all the necessary information for me to answer.

Customer: replied 1 year ago.
I am the APPLICANT. The other party is the RESPONDENT. And it will remain as such. I will not recognise validation of any filed document with innaccurate information (FULL LEGAL NAMES / DATES).
Expert:  Debra replied 1 year ago.

You are not understanding my question. I understand that you are the applicant in the divorce proceeding. But you said that you received other documents. In there you were noted as the respondent. I am asking what the application is for that your spouse has provided.

Customer: replied 1 year ago.
Form 8 (DIVORCE).
Expert:  Debra replied 1 year ago.

That doesn't make any sense. The court would not allow there to be two divorce applications. This is certainly not possible on one file.

Please review the document that you received and confirm with me that it says application for divorce.

Customer: replied 1 year ago.
I don't have it with me. I was required to complet form 10 and 17 ( if not mistaken). The file number is ***** exact same one I created when I filed my divorce application; court gave 40 days to the respondent to disclose financial statement. It took 2 years to disclose it. Now I am the respondent. That compromised my mortgage engagement. It had to be postponed. Lawyer proceeded with a motion to be remove from my file after being reminded of this. I was left with no lawyer, no legal aid , long enough for ex partner to file for motion to sale the family residence.
Expert:  Debra replied 1 year ago.

This is what I think you have to do. I think you have to go to court house and look at the whole file. What you are concerned about is simply not adding up. It is not possible for you to have started an application for divorce and then your spouse started the second one. It is simply not possible for this to happen. Moreover, even if there was a clerical error and your application was missed, it's not the least possible that they both have the same court file number.

What could have happened is that you are the applicant in the divorce but the respondent in some motion so it is really vital that you go to the courthouse and get copies of all that is in the court file and if you have any questions about it ask a clerk at the courthouse.

Customer: replied 1 year ago.
Can I file an affidavit with my concerns.
Expert:  Debra replied 1 year ago.

You can do that if there is a motion.

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