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Joined: May 2013
Posts: 329
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OP
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Joined: May 2013
Posts: 329 |
Does anyone have any insight on how to get your ex spouse to agree and accept service for divorce?
There has been zero contact for over a year, yet he refuses to acknowledge or move forward with the divorce.
FWW, 36
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Joined: Sep 2008
Posts: 9,534 Likes: 9
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Joined: Sep 2008
Posts: 9,534 Likes: 9 |
Aren't there rules in your country about divorce proceedings? Have you consulted a lawyer about this?
Surely there are rules that govern the case where the other spouse does not cooperate with the divorce. You surely are not forced to stay married to him against your will.
BW
Married 1989
His PA 2003-2006
2 kids.
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Joined: May 2013
Posts: 329
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OP
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Joined: May 2013
Posts: 329 |
There are indeed rules, however my lawyer has been unable to locate him, we've been before the judge 4 times to date to get ex parte orders to serve - twice through registered mail to his fathers, once through email and oncce through his brother - mail was returned, nothing in email, and his brother denied he lived there. He had 2 lawyers - one in NL and one here in AB - the NL lawyer agreed to accept service, however he has since left NL and we can again not find him.
He has not seen our daughter, nor paid any support towards her for well over a year.
FWW, 36
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Joined: Aug 2008
Posts: 571
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Joined: Aug 2008
Posts: 571 |
Unless you have something he is interested in, there is no way to force him to cooperate.
You should get your lawyer to ask for an order for substituted service. You will have to prove best efforts to locate him, such as advertising in the last location where he lived. The case will eventually proceed, but you will have some legwork first.
I assume you have tried to locate him through a PI? Do you know his SIN? (I seem to remember you are Canadian). Might be worth a shot.
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Joined: May 2013
Posts: 329
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OP
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Joined: May 2013
Posts: 329 |
We have been granted the last order - which is to place an advertisement in the local paper.
He uses burner phones or texting apps to communicate with our daughter. The most number has been given to the lawyer.
I guess I need to find out how long he can legally drag this out for.
FWW, 36
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Joined: Aug 2008
Posts: 571
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Joined: Aug 2008
Posts: 571 |
I'd plan to go back to court in maybe six months from when you placed the ad and ask for new directions. You don't want to run up your lawyers' bills unnecessarily.
Since he was not supporting you, you need to do the best you can to live your life as though he doesn't exist. Try and fill it with productive, positive endeavours.
Eventually, you will get the divorce.
How is your daughter doing? Are you living close to your family again?
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Joined: Aug 2008
Posts: 571
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Joined: Aug 2008
Posts: 571 |
A year's separation pretty much guarantees you a divorce in Canada with or without him. Child support etc, is something else.
Just stick to the rules and you'll get it.
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Joined: May 2013
Posts: 329
Member
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OP
Member
Joined: May 2013
Posts: 329 |
I'd plan to go back to court in maybe six months from when you placed the ad and ask for new directions. You don't want to run up your lawyers' bills unnecessarily.
Since he was not supporting you, you need to do the best you can to live your life as though he doesn't exist. Try and fill it with productive, positive endeavours.
Eventually, you will get the divorce.
How is your daughter doing? Are you living close to your family again? She is well, thank you. Her and I live with my parents.! (We've been legally separated since August 2015)
FWW, 36
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Joined: May 2013
Posts: 53
Administrator Member
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Administrator Member
Joined: May 2013
Posts: 53 |
Does anyone have any insight on how to get your ex spouse to agree and accept service for divorce?
There has been zero contact for over a year, yet he refuses to acknowledge or move forward with the divorce. mrs_cen, this is a question for your lawyer. Unless you are here for marriage help I don't think we have anything here on this board for you. Your husband is not your ex spouse yet so it's very disingenuous to call him that in your post. And it usually doesn't take long at Marriage Builders to learn that you can't make your spouse agree to anything. Usually people who are divorcing can't even agree about the details of the divorce; if they were agreeable with each other they would not be divorcing.
mizar.mb1@gmail.com
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