Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

I have started a divorce proceeding in 2010 and have been…

Customer Question
I have started a divorce...
I have started a divorce proceeding in 2010 and have been separated since 2009 (this I have in writing on a notarized financial statement from my wife), I have been a non-resident to Canada (I have this in writing from the CRA). Since 2011 we have been in court over income evaluations and other things, the custody of the kids has been agreed on and via a court order as been carried out. But now comes the biggest problem, my wife and her lawyer keep delaying, via false accusations and asking for expert evaluations. We own a house together, and this and the monthly support payments (which I have been making out of my free will since 2009, even before any court order was in place) are outstanding. Is there a legal way that I can ask a judge to grant the divorce while these 2 things are being sorted out (as there is always a court order to stipulate the current support payments)? For some years, I have been in a new relationship, and the constant delay of the divorce is putting immense pressure on me and the relationship.
So my main questions is, is there anything I can file or apply for so that the divorce gets granted based on the long separation time and current court order agreement?
Submitted: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 2 hours by:
3/10/2016
Family Lawyer: Legal Ease, Lawyer replied 2 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,052
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

Yes.

You can bring an application to the court to sever the divorce application from the other issues. If there is a reason you need to get divorced the court will agree to sever the divorce from the other issues.

Let me know if you need any further clarification.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Thank you for the reply, is there a motion or how can this be applied? MY main reason for this is, that I live in a country now, that forbids to have women children unless they are married, when this divorce case started my fiancee got pregnant and we assumed the divorce will be completed within maximum 1 year, but due to this constant delay my fiancee and I already have children and now due to this ongoing delays it puts my children and her at a high legal risk. What kind of clear and decisive arguments need to be made for the judge to agree on this?
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

You have way more than you need. There is no likelihood at all that a judge will deny this.

If you are not in Canada you should retain a lawyer to represent you. This is not complex and should not be very expensive.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Thank you for the reply, I will consider to retain a lawyer, but if I can not, which form would I use to file this to the court, as there is a court date coming up soon and I can submit this at that time. 14B, 15, 17 or? Thank you
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

If you are in Ontario you would use Form 14 B and accompanying it would be an Affidavit.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Hi, Thanks. I contacted 2 lawyers that i found online, but no response, could you recommend one to me? Or alternatively, let me know how to ask them so that it seems reasonable to them to take this small job on for me? Thanks
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

I suggest that you say this is family law matter first and explain what you need when you're actually speaking to them.

Ask Your Own Canada Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 106,052
106,052 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

106,052 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

259 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I have divorced my ex wife more than two years ago in Egypt.
I have divorced my ex wife more than two years ago in Egypt. I live alone in Canada from 4 years. Now she wants to come from Egypt and live in my home in Canada to take care of kids. I agreed and I wi… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
I am in Calgary, Alberta, I have a court order that states
I am in Calgary, Alberta, I have a court order that states my ex-husband is to pay a certain percentage towards section 7 expenses. In 2016, I have paid 100% of all our children's activities. (School … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
Our separation agreement has defined custody as 50/50.
Our separation agreement has defined custody as 50/50. However, in 2015 the children (two ages 2 and 5 at the time) were with me my 50% of the time, plus 6am-6pm for a few months, and fulltime for 6 m… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
I have been involved in a divorce granted May 2010. Via a
I have been involved in a divorce granted May 2010. Via a \Divorce Judgment/ Corollarly relief order, without oral evidence. My problem is that I do not recall signing any agreement with respect to th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm from the Philippines. This problem concerns about my
hi I'm from the Philippines. This problem concerns about my brother's problem with his wife who is now having an illicit love affair with a canadian citizen and both are living together also in canada… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
I was wondering about spousal support I was separated from
hi I was wondering about spousal support I was separated from my x wife since 1999 and divorce 2002 my divorce papers say that I have to pay her 1000 per month till I die and she can sue my estate for… read more
Law Maven
Law Maven
Lawyer
LL.B. or J.D.
20 satisfied customers
I currently have an application for divorce in the Court of
I currently have an application for divorce in the Court of Queens Bench in alberta. The Aplication does not include custody however of our shared boy. Would it be possible to finalize the divorce and… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
I am separated as of March 31, 2012.I was married on March
I am separated as of March 31, 2012. I was married on March 16, 2000. Our son was born on September 29, 2001. My exwife is from Los Angeles and she had two previous children 26 now and 22 who are in T… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
Can a UK citizen who has returned home since October 2012
Can a UK citizen who has returned home since October 2012 get an online divorce from a canadian citizen. No children, no property, no debts.… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
I have few additional questions (for Legal Ease): 1. Is
I have few additional questions (for Legal Ease): 1. Is it possible that the mother can take full custody of the baby? If not full custody, what level of maximum custody can be granted to the mother? … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
Im separated from ex wife for 7 months, we be been married
I'm separated from ex wife for 7 months, we be been married for 8 years, I got out of the house since August 2013, we live in Alberta Canada, I live alone and I see my 2 boy ( 7 and 5 years) every wee… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
In Alberta are spousal support amounts reviewed and adjusted
In Alberta are spousal support amounts reviewed and adjusted accordingly yearly like child support payments?… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
This question is regarding the drawing up of a divorce agreement:
This question is regarding the drawing up of a divorce agreement: Self - 46 yrs old Wife - 42 yrs old Marriage - Dec 2000 (Ontario) Cohabitation initiated on Oct 2001 (I was sponsored to become a perm… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Hi my wife has filed for divorce, we been separated since
Hi my wife has filed for divorce, we been separated since 2009 we have no assets, i have been paying child support since my separation thru the courts, he will be 25 and graduating University in the s… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hello, I am separated from my ex for almost one year now.
Hello, I am separated from my ex for almost one year now. We used the date of January 1st 2012 as our date of separation and I moved out of the matriomonial home on June 9th, 2012. Support, both child… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
.I was divorced in South Africa on July 9 2009. Both parents
.I was divorced in South Africa on July 9 2009. Both parents were granted joint legal custody and it was agreed that the mother would move back to Ontario if the following provisions were maintained .… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
I live in BC, Canada. I have been separated for more than 6
I live in BC, Canada. I have been separated for more than 6 years. My wife started an uncontested divorce over a year ago. I did not respond expecting her to get the default judgement and complete the… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
106,052 satisfied customers
My divorce was finalized last October. My ex husband and I
My divorce was finalized last October. My ex husband and I were married for 12 years and have one child together (he adopted her when she was 2). His gross income is $50500 and he has been paying chil… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x