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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100050
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have been served with divorce papers by my wife .

Customer Question

I have been served with divorce papers by my wife for adultery. What do I have to do now?
Submitted: 1 year ago.
Category: Canada Family Law
Customer: replied 1 year ago.
I live with the other girl so it is true. I have a property with my wife. Married for less than a year. Is there a way to revert the case and not say adultery or even I would like to file based on mental cruelty? How long process.
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Expert:  Legal Ease replied 1 year ago.
How long have you been separated for?
Customer: replied 1 year ago.
6 months
Expert:  Legal Ease replied 1 year ago.
You can and should put in a reply to your wife's application, unless you agree with what she is asking for aside from the grounds for the divorce. You can also attest the grounds for the divorce because you cannot succeed because you are committing adultery and so will end up getting stuck with her legal costs if you try and contest the grounds. However, what you can tell your wife is that if this goes to court it can take close to two years for you to get a divorce because in court she will have to prove the adultery as you are not willing to admit to it. If, on the other hand, she changes the grounds for divorce to instead be a one year separation then when you are separated for one year you can get the divorce. That means there would be a six month waiting period instead of two years. As well, your wife should be told that the court does not care what the grounds for divorce are and, in fact, the judge is expressly prohibited from considering the grounds when making an order relating to any financial issues. In other words - there is absolutely no benefit to your spouse for claiming adultery as the grounds or your divorce. Let me know if you need any further clarification. The site is clearly having some trouble, but hopefully the problems have now been rectified.
Customer: replied 1 year ago.
My wife is only applying for divorce. She has not asked for anything else and wants to work on division of property/assets 50/50 as per law. She has proof of adultery from text conversations, people I have told to that I did cheat, phone records and now I am living with the other girl. My wife just wants to get a divorce as fast as possible. Is there a way I can ask for divorce on grounds of mental cruelty?
Expert:  Legal Ease replied 1 year ago.
She has already applied and so you would have to deny her grounds and you cannot. But if she wants a divorce as soon as possible then tell her what I said and make it clear that you will require her to go to trial and that will take much longer than doing this in six months.

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