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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100383
Experience:  Lawyer
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Legal Ease, how are you?
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Customer Question

Customer: Hello Legal Ease, how are you?
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure. I am looking for a lawyer with whom I can speak with regarding my case to file for divorce - is that a possibility?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $39) to post your type of question to Canada Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Do you have any lawyers knowledgeable in the proceedings for the province of Quebec? I understand their procedures are different than the rest of Canada.
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Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I am looking for a lawyer who is familiar with the province of Quebec divorce proceedings. If a spouse is unable/unwilling to cooperate with a previous written agreement to file a joint uncontested divorce, I understand the only available recourse is through a contested divorce; with no assets, no children, separated and living in different dwellings for several years, what is the easiest method to get this resolved as quickly as possible?
Expert:  Debra replied 1 year ago.

Thanks for requesting me.

Are you saying the separation agreement required the spouses to go ahead with a divorce on an uncontested basis?

Customer: replied 1 year ago.
Hello Legal Ease,thank you for your response. To clarify my initial question in more detail, the written agreement was an email between both spouses, which stated the parties involved agreed to file for a joint uncontested divorce; one of the spouses has been holding onto funds that were sent to them to file, however, the filing has not been made and the funds not returned after multiple requests. What is the next step?
Expert:  Debra replied 1 year ago.

I understand.

You can apply for the divorce on your own.

You would have your spouse served with the divorce application. Your spouse could then ignore the documents and the matter would go ahead on uncontested basis.

Then once the time has passed for your spouse to be able to reply, you would attend at the courthouse, and seek to have your spouse noted in default.

Shortly after that time the divorce judgment would be signed by a judge. You would not have to attend before the judge at all. This is done over the counter in the courthouse's central office.

Does that help?

Customer: replied 1 year ago.
Hello Legal Ease,thank you for your additional response. In regards ***** ***** non-returned funds being held in the spouse's possession, can a request be included in the filing to have those funds returned?
Expert:  Debra replied 1 year ago.

It would not be a good idea to do that. You just want this divorce to proceed on uncontested basis so you can't really ask for anything more because you don't want this to be contested and you also don't want to have to appear in court.

You can sue your former spouse in small claims court for the return of the funds.

Customer: replied 1 year ago.
Hello Legal Ease,thank you for your additional response. As I understand it, while not recommended, this can still be added to the filing, correct? There are written correspondences confirming the non-returned funds in possession - would that help? Could you also approximate in your, in your professional experience, the cost associated to this process?
Expert:  Debra replied 1 year ago.

It can be added to the application. But then you are asking for more than a divorce and the issue becomes more complex. And, even if your spouse ignores the papers, you have to have a hearing before a judge too prove how much is owed to you.

You can check with your local courthouse about what the filing fees are but you won't have any more fees except for the filing fees and you will need to have someone other than yourself serve your spouse mwith the application form. Anyone who is an adult except for you is permitted to do that. So you might have to pay a process server if you don't have anyone to do that.

Customer: replied 1 year ago.
Hello, Legal Ease,thank you again for your response. Shall I file a small claims court afterwards, I would have to appear in court before a judge, is that correct? If so, I would think it would be beneficial to include it in the divorce filing and provide documentation proof of the amount owed - what am I missing? Also, can a divorce be filed solo online through a service, or only in person at the nearest courthouse?
Expert:  Debra replied 1 year ago.

Small claims court is much easier for anyone to navigate and would be much faster.

You have to attend at the courthouse and have the divorce application issued by the court.

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