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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100955
Experience:  Lawyer
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I have started a divorce proceeding in 2010 and have been

Customer Question

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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.


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.

Customer: replied 1 year 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?
Expert:  Debra replied 1 year 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.

Customer: replied 1 year 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
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year 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
Expert:  Debra replied 1 year 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.