Child support for kids from prior relationship

Q: She has 2 kids from previous relationships, and they are not my kids biologically of course. When we order your separation agreement we will mention this in the extra space provided, with her mentioning that she is seeking NO support of any kind, nor will she need to in the future. Will this cover cover me legally from any future responsibility should she ever harbours ill will towards me? We were only married for 4 months before separating. We get along well now, but I want to cover my butt here.

 

A: We cannot provide legal advice. However, we can provide the following general information:

 

- when it comes to children, under some circumstances the courts will rewrite separation agreements.

 

- being very clear about the circumstances and the reasons for not paying support in the agreement will help keep the courts from changing it. You should tell us if the natural father is paying support, whether there will be any ongoing relationship between you and these kids, whether during the marriage the kids have become financially dependent on you in some way that will affect them in the future if your support ceases, and what, if any, other aspects of the agreement will benefit the children (in other words, are you giving anything else up such as property or money in exchange for your wife waiving her claim for child support.

 

- agreements signed after both parties have received independent legal advice (from separate lawyers) have a greater chance of holding up later in court if one of you challenges it.

 

We hope this helps.

 

Support Desk

support@divorceonline.ca

www.DivorceOnline.ca

How do I find my ex?

Q: I have one question I have not heard form my X in years and have no idea
where she lives how do I go about getting a divorce without being able to
find her.

A: You need to do your best to locate your spouse. If you try, and fail, you
should be able to get an order for substituted service from the court. The
easiest place to try is www.canada411.com. Next you could try a skip tracing
service. Your local court office may be able to suggest someone in your area
or you might find one online. If you try and fail, you need to contact a
lawyer to obtain an order for substituted service.

We hope this helps.

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

Grounds for divorce

Q: I want to file for a divorce before 1 year of separation based on the
grounds of cruelty. It may or may not be contested. Is this something I
would need a lawyer for or can you provide the service for me?

A: Our service only works for those filing for divorce based on separation,
not cruelty or adultery. However, you can use our service to file before the
full year of separation has expired. This can save time once the year is up.

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

RE: DivorceOnline.ca Inquiry

Q: I married an American man that is still living in the U.S. I've been back
in Canada since 2003. Can I sucessfully file for divorce here without him
in the country? There is no property, nothing to split.
What can I expect cost wise and time wise?

A: Yes, as long as you have resided for at least the past 12 months in the
province in which you will be filing. Our fee is $249. The court will also
charge a fee which varies from province to province. You can see a list of
filing fees by province at www.divorceonline.ca/faq.htm. You should allow at
least 3-4 months from filing to your divorce becoming final.

We hope this is helpful.

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

Can I get divorced faster if my spouse assaulted me

Q: Can I file a divorce without having one year separation if my spouse is
being charge with assault.

A: Yes, presuming the assault was against you. You could use the grounds of
physical cruelty as the grounds for divorce and would not have to wait a
year. However, often divorces using this ground are contested by the other
spouse and require a trial. This often drags it out past 1 year making it
actually longer to get a divorce this way then by simply waiting for the
year to expire.

As an alternative, you can file for divorce now. The court will then wait
for the 1 year separation to expire before processing your final documents,
but it will take less time because you have done some of the work before the
year expired.

We hope this is helpful and look forward to assisting you if you decide to
use our service.

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

RE: DivorceOnline.ca Inquiry

Q: i dont know the whereabouts of my husband and i want to know about
abandonment i want a divorce how do i get one without him can i still use
your company to do that?

A: The only grounds for divorce in Canada are (a) separation for 1 year of
more (b) physical or mental cruelty or (c) adultery. Our service can assist
with the first ground only (separation) and only if you know your spouse's
address. You can try a skip tracing service to locate your spouse. One such
service is at http://www.canadianprocessserving.com/ ,

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

RE: DivorceOnline.ca Inquiry

Q: Once I pay the $349 for the documents, do I then have to pay a lawyer to
have them filed by the courts to make it legal and binding? What is the
difference between a divorce and legal separation?

A: We provide you with the documents along with complete instructions about
how to use them. Neither our divorce documents nor our separation agreement
require you to see a lawyer to make them binding. However, we do recommend
that, for your own peace of mind, you ask a lawyer for what is called
"independent legal advice or ILA" before signing the agreement. Whether you
do or do not is up to you.

The agreement is like a contract, once it has been signed by both parties it
is legally binding and can be enforced by one against the other by suing on
it if the other breaches its terms. It does not have to be filed with any
court to be valid.

The divorce documents do have to be filed with the court as your divorce can
only be granted by a court. A divorce ends you marriage while a separation
keeps you married but states that you will be living apart and how you wish
to divide your assets and responsibilities. A separation agreement still
allows you to reconcile, but if you divorce it remains valid.

We hope this is helpful.

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

Request for more info about DivorceOnline.ca

Q: I saw your ad on the internet and I was interested in trying it out but
I need more in formation could you please send me a brochure on your
business with address and phone number so I could check before I decide to
go ahead with you. my address is X. Thank You for your fast response back
to my email.

A: Thanks for your inquiry and for considering our service. One of the
reasons why we are able to keep our price low is that we conduct all our
marketing and fulfillment over the Internet. Thus we have no printed
material to provide you with. However, we would be happy to answer any
specific questions you may have.

We do understand the natural tendency to investigate a business before
committing $249 or $349 to it and we have tried to address this by placing
information about our business on our "about us" page at
www.divorceonline.ca/about.htm and by joining the Better Business Bureau.
You can click on the BBB Online logo on the top right corner of our home
page to confirm this. Note: DivorceOnline.ca is owned and operated by
Integral Publishing, a legally registered business.

We hope this helps and would welcome any additional questions.

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

Questions about our divorce and separation package

Q: My husband and I have been separated since Jun 2004. We have already
divided up the property but do not have legal separation (just a
spreadsheet). We had originally spoke to lawyers, but were eventually able
to work out the property division between us. I am interested in your
divorce/separation package, as this will be an uncontested divorce (no
children are involved). Do we file our separation as well or is it only the
divorce?

A: To give legal effect to the division of property you have worked out you
should have a separation agreement.

Q: Do we pay the $448 twice or once?

A: I assume you are referring to the court filing fee. This is paid to the
court once, it is not a separate charge for each of you.

Q: Also, how do we file a divorce...do we actually have to go to court, or
do we send in the legal documents that will be prepared by your service?

A: We recommend actually going to the court office if that is possible as
there are often changes that are required to the documents which are best
explained to you in person. However, this can be done through the mail.
Remember that we will be happy to make whatever changes are required, as
often as necessary, to ensure that your documents are acceptable to the
court.

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

Advice about a relationship in trouble

Q: I am seriously thinking of getting a divorce after having been married
for almost xx years. We haven't had sex in over xx years and my husband
won't talk about it. It just goes on day to day. We are having financial
difficulties which is nothing new and I am just stressed out which is
causing me health problems. I have moved into another bedroom. We can't
afford a divorce. What can I do?

A: If there is any chance at all of saving your relationship please consider
obtaining the services of one of the many professional counsellors in every
community who are specially trained to assist with problems such as you
describe.

If you are determined to get a divorce and are unsure of your legal rights
or obligations, please consider speaking with a lawyer to get legal advice.

If there are issues regarding how to divide property, etc. which you and
your spouse cannot agree upon, please consider using a mediator to assist
you in resolving these issues.

If all issues have been resolved and you wish to proceed with a divorce, we
would be happy to assist. Our service is suited for those who want an easy,
low cost, uncontested divorce.

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

Serving documents when there is a no contact order

Q: I cannot have contact with her, so I assume I could pay a court officer
to serve her the papers.

A: If you are subject to a court order requiring that you have no contact
directly or indirectly with her, you may want to seek legal advice before
having her served as this may be considered indirect contact. Usually such
orders allow for an exception if the indirect contact takes place through
legal counsel. We do not believe court officers will serve the papers on
your wife for you under any conditions. There are professional document
servers you can hire to serve your wife. Here's a link to such a site
http://www.canadianprocessserving.com/

We hope this is helpful.

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