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Withdrawing fault divorce papers and filing for joint divorce

Anonymous Asked:

Is it legally possible to withdraw papers filed in court by a spouse for fault divorce, reach a settlement and consequently file for joint divorce? If yes, what would be the process and are there a lot of costs associated with this?

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

It is absolutely possible to discontinue a legal Application for a divorce, as described in your question. The exact process depends on whether there are one or more lawyers involved. The main point is that a party does have the power to discontinue a Court Application, without the payment of legal costs to the other side (“without costs”), as long as the other side agrees. If you telephone me at 877-668-9386 and provide me with the exact facts of your case, together with a copy of the Application that you are dealing with, then I can tell you exactly what needs to take place.

(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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