I am separated and going through divorce. I would like to know my options based on my issues. No minor children we have

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Customer: Hello, I am separated and going through divorce. I would like to know my options based on my issues.
JA: What are the assets involved here? Are there any minor children?
Customer: No minor children we have a business together
JA: Where are you located? Divorce laws vary by state.
Customer: I am in Ontario Canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am new to this I am not sure what else to ask
Answered by Legal Ease in 6 days 2 years ago
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Jessica

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Legal Ease, Expert

Hello. What specific questions about your options do you have?
Customer
We have a business together and he wants to remove my name from the business?
He also does not want me to remove any funds for salary or for profits?
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Legal Ease, Expert

You do not have to agree to remove your name from the business until ther has been a final settlement. You are entitled to an equal decision of the business as well as all other family assets. You are entitled to continue taking money from the business in the normal fashion as you did prior to separation. If he interferes with that, you can apply to get an order that will set out exactly who may use the business assets and how pending a final settlement. There is no reason though to give in to any pressure and allow him sole title and use of the business and business assets pending such a settlement.
Customer
Ok thank you.
What if he continues to use the business name but no longer deposit the income to the business financial account but to his personal account, is this accepted?
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Legal Ease, Expert

That would be inappropriate and you could apply to the court to likely get an order that he must continue to share business profits. Or you seek spousal support based on him having the majority of the total household income.I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Customer
What is the process to file for divorce when one party was to start but delayed? Can the other party start the process and what would be the requirement? Do the responses provided falls in your jurisdiction alone or its common law?
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Legal Ease, Expert

Either spouse can apply for divorce. There is no deadline to doing so. Even if one person started the proceedinhsm the other can apply for the divorce judgment. The Divorce Act applies across all of Canada.
Customer
If one of the party is not living in Canada and the marriage was not in Canada does the Divorce Act still applies internationally?
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Legal Ease, Expert

As long as one party has been living in Canada for at least one year prior to the divorce proceeding being commented the court has authority to grant a divorce pursuant to the Divorce Act.

Customer
Ok. Can you process such divorce? Or I would need to access relevant information online?
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Legal Ease, Expert

We can only offer general answers here, and cannot undertake any actual legal work. If you go to www.contario.ca/page/file-divorce-application-online. It is a government website with forms and instructions. A lawyer is not mandatory.I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
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Legal Ease, Expert

Do you need any further help for your issues?

Customer
Hello, he is requesting marriage certificate to close the business without my signature and approval. Is this legal?
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Legal Ease, Expert

No and it doesn't make a bit of sense.

A marriage certificate has no legal relevance and if your name is ***** ***** to the shares he cannot do a thing without your consent of a court order.

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