My ex-parte et. My ex-partner and I we getting divorce, he ask for it and I filled all the papers. I leave in Quebec and

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Customer: Hi, my ex-parte et
JA: Hi. How can I help?
Customer: My ex-partner and I we getting divorce, he ask for it and I filled all the papers. I leave in Quebec and don’t have much money but I can support my child’s. I have a child with him of 19 months. The problem now I waited one year did all to be fair… now he took a layer who is part of his family and had change everything is no more a friendly clean divorce like he promise.
JA: What steps have you taken? Have you filed any papers in Quebec family court?
Customer: Yes I went to the “aide-jurique” he wanted to do it by the internet but I doubted. I ask the layer but the problem now is the due day for court is November 12th at 9 am he is request is for me impossible to say yes to all he is demanding. He make me see in the papers of his layer I am not fit to take care of our daughter plus I trusted him and told the layer It will be a friendly divorce. I’ve been paying till now. But the layer hasn’t answer me 2 days now I’m trying to reach out cause I have no clue what to do
JA: Have you talked to a lawyer about this yet?
Customer: yes Mira been a year now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: it’s been* sorry
Answered by ToLawyer in 18 hours 1 year ago
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Jessica

Jessica

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

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ToLawyer, Expert

Do you have counsel representing you at this time?

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ToLawyer, Expert

Good afternoon, I am following up on this question. I can not give you a complete answer without more information.

Customer
Good night, yes I have since march
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ToLawyer, Expert

OK, can you clarify what your question is? It would appear that both parties are represented and are in the normal course of dealing. He can make allegations all he wants but he needs to prove those allegations in court.

Customer
It was suppose to be a clean divorce and friendly. He received the papers from my layer on September 28th and got a layer who send back his demands and have to specify each close, 36 of them why I am not agreeing with them. I don't understand why he does not have to do the same with what he received from my side? But I have a document signed by him and I that says the terms back in December we agree on. Cause he wanted to come back to the former family house. Will that be acceptable? Can I request to my layer to him do the same think and trough each close why he is not agreeing with my divorce demands?
Thank you
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ToLawyer, Expert

Hi there, you cannot enforce an agreement dealing with marital properties when the parties did not have an opportunity to engage legal counsel. What likely has happened is that he spoke to a lawyer, who advised him of his rights, and is now refusing to provide an agreement that is overly benefitial to you.

This is a negotiation stage, either party can ask for whatever they want. If you do not like the way he is negotiating, you are welcome to refuse it. However, it will go to court for a judge to decide.

Customer
I try to send you the document but not working
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ToLawyer, Expert

It may take a while for it to come through, but regardless of what it says, during negotiations, they can really ask for anything.

Customer
is going extremely far but I just got a message from the ex-husband and now he says he can take her anymore on Friday and Sunday from 11-5 cause work changed his schedule again but he is urgently requesting stuff equally
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ToLawyer, Expert

So is the only thing outstanding custody?

Customer
Customer attachment 11/11/2021 7:28:59 PM
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ToLawyer, Expert

Again, this is negotiations, and both of you are represented, it is wholly dependend on what the parties are willing to compromise on.

Customer
What you telling me the judge can not decide if we haven't comprimé on November 26
Customer
Sorry for that sentence keyboard in French
Customer
Compromise*
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ToLawyer, Expert

The judge will likely not enforce an agreement when the parties did not have independent legal advice, espeically an agreement for marital seperation.

Customer
But what about what we agree and signed it both? Will I take that to my layer?
Customer
I want to do mediation here in Quebec the gouvernement pays for 5 sessions we only have done 1
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ToLawyer, Expert

Take it to your lawyer for review, but I do not think that first document is enforceable.

Customer
thank you
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ToLawyer, Expert

No problem! Is there anything else I can help you with today?

Customer
what if I decided to not get divorce anymore
Customer
Will he have to go sign up for it himself?
Customer
start all over
Customer
Or I will be in problems?
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ToLawyer, Expert

Then all of these negotiations will start over.

Customer
I just need to win some time time
Customer
It this layer said to me I will be charged
Customer
Is that true?
Customer
Because I'm with the "aide-juridique" layer representing me that her is for citizens that have a low revenu. Due to Covid I've been lay off but I'm going back to work like in the next 2 months
Customer
But I need to go with a clear mind
Customer
if you can tell me that I can stop the divorce because I do not want to give it to hm anymore... he can filled one he wants to is that okay?
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ToLawyer, Expert

If you no longer want to do a joint divorce, that is fine, it will just be moved to a contested divorce.

Customer
Omg contested divorce takes time?
Customer
Sorry I have no time to see what that is can you please explain to me
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ToLawyer, Expert

Yes, of course, it would take significantly longer and it is way more expensive than a joint divorce.

Customer
Ohh I see. But even if it is frime this gouvernement firm I actually can remove myself?
Customer
But still going to the same court right?
Customer
will go on till both parties agree?
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ToLawyer, Expert

No, the judge will make a decision and force that upon you via an order.

Customer
Sorry did not understood that
Customer
Oh and just one last thing...
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ToLawyer, Expert

The judge is not going to allow you to negotiate forever, they will ask the parties to present their evidence and make an order as they deem to be fair.

Customer
Copie that
Customer
I will have to look for another layer right?
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ToLawyer, Expert

Depends on if this legal aid lawyer will continue on.

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ToLawyer, Expert

You may not be eligible for another legal aid lawyer in this case, you should double check with them to find out.

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ToLawyer, Expert

Is there anything else I can help you with today?

Customer
but not at the moment. Have you received the file I need some translation to understand the layer meanings
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ToLawyer, Expert

Yes, what is your question?

Customer
Can I reach you back around 1pm
Customer
Thank you
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ToLawyer, Expert

Sure.

Customer
Sorry been very busy... do you still have time?
Customer
My question is about the document page 5 saying GRANT:
Customer
the lease has our both name
Customer
But... when I asked him to leave on November 13th 2020 not like he says that he left the former family home, well I did sign a paper for him to be remove from the lease around January 2021. But the owner said no to him, he rather have 2 names on the lease.
Customer
Now, such a great dad he is (sarcastically) wants to leave his daughter under no roof in winter time & he knows I can't afford 1030$ per month when I'm on EI...
Customer
But how do I put that on paper
Customer
With no emotions
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ToLawyer, Expert

You should speak with your lawyer to assist you, you cannot bind him to a lease. He has no obligation to continue paying for it at this time (obviously a spousal support order may change that).

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