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I'm afraid he'll abuse me if I file for divorce

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Anonymous Asked:

My husband and I are currently separated for the past 6 months though a formal separation has not been drafted. He lives abroad and I live with our children in canada. I wish to file for divorce as he has been abusive in the past and verbally has been very aggressive even during these months when I thought we could reconcile possibly. He does not support the children financially and I do believe he will not cooperate with the divorce process at all. Infact his vindictive nature is such that I am actually fearful he may hurt me or try to take my children away from me if make this move. Kindly advise on how to get straight to the divorce process without making this process too lengthy.

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Given your facts, in particular your comment that you do not believe that he will cooperate and you are fearful, you may wish to consider commencing a divorce Application now without attempting to negotiate a separation agreement. That will expedite matters, in that he will be forced to provide an Answer (a defence) and make attempts to settle with you given the reality of Court. Of course, no lawyer can make him be reasonable; however with the assistance of a Judge it is possible to encourage him to be reasonable given that Judges can award legal costs against an unreasonable litigant. Of course, absent a trial, for most issues there can be no final resolution without the consent of the other litigant. Thus, the time required to resolve your case will be directly related to the reasonableness of both parties, in direct answer to your above question. However, an Application can be started at any time to have the process initiated. You do not need his consent to begin this process. If you wish to receive guidance that is specific to your case then you are free to telephone me at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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