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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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Tom, I'm wanting to get a divorce from my wife. We've been

Customer Question

Hi Tom, I'm wanting to get a divorce from my wife. We've been separated for 6 years and were legally separated about 4 months ago. I don't live in Canada, but my wife does. Almost 3 months ago, she agreed to file for divorce if I paid for it, so I sent her the money and my portion of the documents signed and notarized.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
Tom has not been on the site for sometime. Would you like for me to assist you? But, I think I already started out working with you last week because I had to deal with this question before, is that not true?
Customer: replied 7 months ago.
I was traveling so my mother wrote on my behalf.
Customer: replied 7 months ago.
Are you able to help me?
Customer: replied 7 months ago.
Hello?
Customer: replied 7 months ago.
I've just paid to have my question answered. Must I ask for someone else to help?
Expert:  Legal Ease replied 7 months ago.
Please be patient. I am trying to find your other post. As well you are not the only customer on the site. And you are not getting a computer generated answer but I am a human trying to type as quickly as possible. This is not an instant chat.Did you see my answer last time?I don't want to have to repeat myself. I cannot find the answer because you started a new account.
Customer: replied 7 months ago.
I didn't see your previous answer. Sorry if I sounded impatient, I assumed it was instant chat.
Expert:  Legal Ease replied 7 months ago.
I have been looking and looking for the answer because this a bit awkward for me to be answering the same question again but I guess I'll go ahead and do my best.Can you clarify a few things for me first?Was this to be a joint application so you signed all the forms and then she simply had to sign her signature to the same forms and that she was going to file them?Are you saying that she now has the money and you are sure that she has not file the forms?It is very important that you are sure about this because you cannot apply for a divorce if she already has.
Customer: replied 7 months ago.
She has the money, but has not filed the forms.
Expert:  Legal Ease replied 7 months ago.
You can start your own divorce application and then have her served with the papers. She would then presumably ignore them since she has already consented to the divorce. When she ignores them and the 20 days for her replying has passed you would note her in default at the courthouse office and shortly after that the divorce judgement would be signed.In terms of getting the money back you may have to sue her to provide you with a refund of the money you paid her.Let me know if you need any further clarification.

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