Question

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body">
again this go to no fault...it nuh really matter who do what ...it is going to go how the law prescribe.
</div></div>

But what if he tries to ascribe <span style="font-style: italic">fault</span>? What if he accuses her of adultery? Then the whole no fault thing would go out the window, no? </div></div>

adultery dont matter in ontario...is <span style="font-weight: bold">no fault</span> reason for the divorce nuh really matter


but them not married so most parts of divorce law not really in play

[Nunya]

Re: Question

Got the following from some lawyers website:

<span style="font-weight: bold">I live “common law” with my partner but we’ve never been married. Am I able to apply for a divorce?</span>

<span style="font-style: italic">No. You cannot apply for for, nor do you need to apply for one. Only married people, whether they are of the opposite or same sex, are eligible to apply. Despite your exclusion from the divorce process, you may still be able to apply to the court or negotiate a formal separation to settle support, child custody and other outstanding matters between you and your partner.</span>

<span style="font-weight: bold">What are the legal grounds for ending a marriage?</span>

<span style="font-style: italic">The Divorce Act, the governing federal statute, provides that a court may grant a dissolution of the marriage on the ground that there has been a breakdown of the marriage. Marriage breakdown is deemed to have occurred where:

1. the spouses have lived separate and apart for at least one year immediately before the divorce judgment is obtained; or

2. the spouse against whom the divorce proceeding is brought, has, during the marriage, committed adultery (has had sexual relations with another person outside the marriage) or treated the other spouse with physical or mental cruelty of such a kind as to make it intolerable or unbearable for the spouses to continue living together.

The vast majority of divorces granted in Ontario are based on one year separation. This ground does not require proving fault on the part of either spouse and proceedings based on this ground often take less time to complete than those conducted on the fault-based grounds of adultery or cruelty.</span>

[Nunya]

Re: Question

So I don't understand how there can be 'no fault' and 'legal grounds for the dissolution of...'

[twiney]

Re: Question

Here what ... him need to get some help to deal with him anger because if him love him pickney him need to find a way to deal with her amicably since the pickney never ask to be in the situation. She need to get a job and a place of her own and if them have any joint assets (but wait she done move out some of the furniture already) them should split them him give her a little change and since them not together she need to figure out how much she going contribute to the living expense for the pickney ...

[Nunya]

Re: Question

from the same website:

<span style="font-weight: bold">How is property divided between spouses when the court grants a dissolution of the marriage?</span>

<span style="font-style: italic">If no prior agreement has been reached by the spouses the court will apply the provisions of the Ontario Family Law Act to apportion the assets between the parties. Contrary to popular belief, the court does not merely split the assets down the middle on a 50-50 basis. Instead, it is the value of property accumulated by the two spouses during the course of the marriage which is divided equally after first deducting the value of property owned by each spouse as of the date of the marriage.

Generally speaking, subject to certain exceptions, this allocation or “equalization” of property between the spouses is designed to award each spouse a one-half share of the value of the property acquired by both spouses during the marriage while allowing each spouse to retain the value of property they originally brought into the marriage.</span>

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">So I don't understand how there can be 'no fault' and 'legal grounds for the dissolution of...' </div></div>

all the no fault means is that there is no penalty int he settlement.

so if you entitled to half the house you will still get half the house even if you were screwing the gardener.

that is my understanding.

[Nunya]

Re: Question

So i guess he'll be able to keep his house and she will probably get half of their (his) income that was earned during the years they were together...

[ILP]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">Do you think the judge would take into consideration the fact that she withheld access to the child for three weeks and that he was only able to find out where the child was after he received papers? </div></div>

Immediately? Probably. He'll just order visitation/shared custody...them kinna things. Long term, he may consider it more heavily. As humans in the moment, we tend to look at things in it's totality and emotions are almost always involved. A judge...not so. They tend to look at things in compartments. As far as them concern...one thing (usually) has nothing to do with the other. Them trained to look at things as they are (minus the emotions) and apply the law as them interpret from what is written.

[Nunya]

Re: Question

I'm perplexed

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">from the same website:

<span style="font-weight: bold">How is property divided between spouses when the court grants a dissolution of the marriage?</span>

<span style="font-style: italic">If no prior agreement has been reached by the spouses the court will apply the provisions of the Ontario Family Law Act to apportion the assets between the parties. Contrary to popular belief, the court does not merely split the assets down the middle on a 50-50 basis. Instead, it is the value of property accumulated by the two spouses during the course of the marriage which is divided equally after first deducting the value of property owned by each spouse as of the date of the marriage.

Generally speaking, subject to certain exceptions, this allocation or “equalization” of property between the spouses is designed to award each spouse a one-half share of the value of the property acquired by both spouses during the marriage while allowing each spouse to retain the value of property they originally brought into the marriage.</span> </div></div>

yes that is why i talk about going after savings and investments made in the past 5 years. for example if they had bouth a house during that time then she woudl have a claim on part of the house

[RichD]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">So i guess he'll be able to keep his house and she will probably get half of their (his) income that was earned during the years they were together... </div></div>

not half his income ..jus half of any savings investments etc..if im did buy a car it would be half hers

[ILP]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">btw, can the judge order couples therapy? The baby daddy is extremely bitter right now. Him swear up an dung say im nat even waa si har, so maybe that's a moot point... </div></div>

In MD they have a 1 year MANDATORY &quot;cool off period&quot; between filing and finalization. I've know a person in MD (a friend) who was ordered to go to therapy during that period. The judge basically made him know that if he didn't then he'd be held in contempt and it would hold up the finalization and possibly the terms of the settlement, as it related to custody/visitation schedule ect.

[ILP]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Twiney</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nunya</div><div class="ubbcode-body">

Do you think the judge would take into consideration the fact that she withheld access to the child for three weeks and that he was only able to find out where the child was after he received papers? </div></div>

<span style="font-weight: bold">That right there and the fact that she move out while him gone ... do not be surprised if a judge would give custody to the man. </span> The fact that she not making any claims of abuse etc so she really don't feel threatened by him she just a try tek the man fi him things which she could have been entitled and I would have endorsed if she did do things the right way...

No a judge who tell the woman that she greedy when she carry the man go court as the amount the court awarded her was less than half of what he was already doing for his child ... and the good man he is he still took care of his child the way he felt compelled to do which included full payment of tuition etc for private school from kindergarten for his child. </div></div>

huh?
she could just be &quot;non-confrentational&quot; and never want no &quot;dramatics&quot; of doing it while he was home. <span style="font-style: italic">I'm just saying.... </span>

[Nunya]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Twiney</div><div class="ubbcode-body">Here what ... him need to get some help to deal with him anger because if him love him pickney him need to find a way to deal with her amicably since the pickney never ask to be in the situation. She need to get a job and a place of her own and if them have any joint assets (but wait she done move out some of the furniture already) them should split them him give her a little change and since them not together she need to figure out how much she going contribute to the living expense for the pickney ... </div></div>

Right now he sees the child with the child's grandmother. The child's mother always leaves before he comes by. He'll hang around down the block to give her ample time to leave. It's not ideal, but it works now...

As to finding a job. Well. She worked as an aesthetician before she met him. That pays likkle an nutn. She has a HS diploma and her beauty certificate. She will not get a job that will enable her to live like she's been living for the past few years.

Now coming back to whether he should pay for her current situation, the same lawyers website said this:

<span style="font-weight: bold">How are spousal support, child custody and child support dealt with when the court grants a divorce?</span>

<span style="font-style: italic">If no prior agreement has been reached between the spouses the court will decide these issues. Spousal support is determined based on several factors including the need of the recipient spouse, the payor spouse’s ability to pay, the standard of living of the spouses at the time of separation and the efforts made by the spouses to support themselves. Child custody is awarded based on the best interests of the child and not those of the parents. The amount of child support is calculated according to the Federal Child Support Guidelines as applied to the income level of the payor spouse.</span>

So at the end of it all, she'll end up getting more from him than she would if she found herself a job.

[Nunya]

Re: Question

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: HIELPEE</div><div class="ubbcode-body">

huh?
she could just be &quot;non-confrentational&quot; and never want no &quot;dramatics&quot; of doing it while he was home. <span style="font-style: italic">I'm just saying.... </span> </div></div>

Or she could just be devious and cowardly.