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my wife wants to revoke the divorce

Anonymous Asked:

A divorce was granted in January (without hearing), now my wife wants to revoke the divorce. What is the process of doing so.

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Andrew J. Kania, LL.B., LL.M.
9 years ago

The answer to your question depends on whether a Certificate of Divorce has been obtained. If the only thing that has been granted is a “Divorce Judgment” then it may not be too late to bring a Motion to seek to have it set aside. However, the final stage in the divorce process, after the obtaining of the Divorce Judgment, is obtaining the Certificate of Divorce. If this Certificate of Divorce has already been obtained then, pursuant to the Divorce Act, it is virtually impossible to have it set aside. If you telephone me at 877-668-9386 you are welcome to provide me with further facts, and I can then provide you with guidance in terms of whether it is still possible to challenge the divorce.

(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 Douglas Briand for a free consultation).

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