Separating but still living together

Q: My wife and I have decided to separate on friendly terms. My wife is
leaving me, the children, and eventually the home. Due to monetary issues
and the children in the home, my wife will temporarily be staying in the
home but in a different part of the home. Does this create a problem with
filing the Separation papers? Her address will be the same as mine! Or
does she need to have a different address?

A: This should not be a problem. You can be separated while still living
under the same roof if you stop doing activities together such as shopping,
eating, sharing things, doing things for each other, being out in public
together, etc.

We hope this is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

How to divide marital property

Q: My wife and I are preparing to seperate and we need advise on what has to
be done to divide assets (i.e. lake property, vehicles, investments, etc.).
Does your service cover this? If so, where can we get the info from?

A: Our service cannot provide legal advice. However, we can provide general
information. Usually a division of property is done by way of a separation
agreement. In addition, if title to real estate is to change, a deed will
probably be needed. Other documents may also be needed for transfering
ownership of other items such as vehicles, investments, pensions, etc. The
document to start with is the separation agreement.

You can agree upon the terms to be included in your separation agreement by
direct negotiation or assisted negotiation (using a mediator), or by having
lawyers do the negotiating for you.

If you have agreed upon the terms of your separation agreement, we can can
assist you by putting it in a standard format.

We hope this is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

An in-person visit to the court office is best

Q: After the form is complete do I bring the form to the court in person? Do
I still need to go back to the court after that ? And how long will it
take.

A: We recommend an in-person visit to the court office so that you can
actually show the clerk your documents and review them together. Often the
clerks are quite helpful and it could shorten the process a bit if there are
revisions necessary to your documents. However, if a personal visit is a
problem you should be able to file by mailing the documents to the court
office. In some circumstances (which we will explain if it applied to you)
you may need to file your documents at two different times. Again, this can
be done by mail. You should allow at least 3-4 months for the whole process
from filing the documents to your divorce becoming final.

We hope this is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Married outside Canada

Q: I was married in the philippines two months ago, and I now want a
divorce. My question is how do I go about doing that. I haven't filed any
papers to bring her here.

A: The standard procedure should work fine. The only twists are (1) that you
have or obtain a marriage certificate or registration from the jurisdiction
in which you were married and (2) that you know her address so you can send
or serve her with the documents. If these issues are not obstacles than we
would be happy to assist you.

We hope this helps.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

What makes your separation (agreement) "legal"?

Q: Must you have a legal seperation through court to be considered seperated
or can it be a agreement between the two parties?

A: In Canada a separation agreement is a legally binding contract made
between two persons about how to divide their property and responsibilities
for their children upon separation. It is similar to other contracts such as
a lease, or a loan. It does not require a court proceeding to become legal,
only the signatures of both parties. However, sometimes courts agree to
re-write the agreement if asked to do so by one spouse, if the terms of the
agreement are unfair. This is especially true if one party had a lawyer when
the the agreement was signed and the other did not. That is why it is
important for both parties to spend a little extra money and have a lawyer
review the agreement with him or her before it is signed. This helps ensure
that it will not be re-written by the court later on.

By having us prepare the agreement you still enjoy considerable savings over
paying a lawyer to do so. But we do encourage you to receive independent
legal advice before signing.

We hope this information is useful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Do your fees include filing charges

Q: For divorce do your fees include filing charges? If not how much extra are they?

A: Our fees go to use for preparing your documents. When you file them with the court office most convenient to you, you will have to pay the court filing fees. These range from a high of $448 in Ontario to a low of $85 in PEI. With your documents we provide instructions on how to file them with the court.

Support Desk

support@divorceonline.ca

www.DivorceOnline.ca

How long before my divorce is final?

Q: After you deliver the documents to me, how long will it take before my divorce becomes final?

 

A: It can take 6 weeks for the court office to obtain the clearance certificate from Ottawa and nothing will be processed before that arrives. Then allow at least a couple of weeks for your documents to make it to the top of the pile and get processed. Then there's the 30 day waiting period after the divorce judgment is made before it becomes final. So that's about 3 months minimum. Once you factor in the time it takes to file the documents, make any necessary revisions and serve your spouse (if it isn't a joint application) it could easily be another month. That's why we always say you should count on 3-4 months at least from start to finish.

 

We hope this is helpful.

 

Support Desk

support@divorceonline.ca

www.DivorceOnline.ca

Where to file divorce documents

Q: I have lived in BC for just over a year. I am now about to move to
Alberta. Can I file my divorce papers in BC even after moving to Alberta?

A: If you file on your own (sole application), you must file in the province
in which you presently reside. If your spouse is still in BC you can file a
joint application there.

Q: Can I file the papers with a BC court via a court in Alberta - to save
travelling back to BC?

A: No, you would havew to deal directly with the BC court via mail, fax or
telephone.

Q: Can I file my papers in Alberta even though I will be new there?

A: No, you must reside in a province for at least 12 months before you can
file there.

We hope this information is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Inquiry: Spouse at unknown address in USA

Q: I was married in the USA but reside in Canada. My husband still lives in
the USA. Will this cause complications on my part for filing for divorce.
Does he have to sign anything. The only address I have for him is the
address we resided at when I was living there. I am not sure he still lives
there. He won't tell me.

A: If you file a joint application he will need to sign it. If you file a
sole application you will need to have him served. For that you will need
his address. There are several businesses which specialize in finding people
and serving them with legal documents. For example,
http://www.pfiserves.com/ is a web site for a firm that will locate and
serve people in the US. Once you have his address you can have the
documents issed and served on him. Once you have proof that he has been
served you should be able to proceed even if he signs nothing.

We hope this is helpful.

Inquiry: Will I need to appear in court

Q: "I would like to know is it a MUST to go to the court even though
both of us agree to the divorce arrangement?"

A: When you both agree on the terms it is just a matter of paper work. When you
have filed all the correct papers a judge will look them over (at his or her
desk) and grant your divorce. There should be no need to actually appear in
a court room before a judge.

Welcome!

Hello and welcome to the DivorceOnline.ca Support Desk blog. Here we will post from time to time some links to useful information and resources, answers to frequently asked questions and comments about the online divorce document assembly industry or divorce in general.

We welcome inquiries or comments on related topics and hope that you and we will benefit fom the interaction this forum allows.