What happens if one party wants a separation and gets a lawyer and the other party doesn’t want to separate and doesn’t get a lawyer? What is the recourse for both parties?
The one who doesn’t want to separate/get a lawyer STILL ends up with a divorce. Without a lawyer, probably also ends up screwing him/herself out of a few bucks/items. And if kids are involved, I don’t even want to contemplate how that would work without a lawyer. It’s legal suicide.
Badbug, if you can narrow down your question a little, Mom_Crayons works in family law and I could get a better answer for ya.
Basically, I work with a guy whos wife wants a separation. He seems to think that he can stall the process if he says he doesn’t want a separation/divorce. She and her lawyer are asking for many items, monies and support. He feels his original offer to her was suffice and doesn’t want to deal with the demands. He does want a separation but doesn’t want to give in to the demands. I do not see how she can be denied her wish to separate. What happens if he doesn’t get a lawyer/ legal advice?
Mom_Crayons was saying it can be very difficult for the guy. Especially if there are no children involved. He can’t stop her from leaving.
If the woman wants to leave, she can leave the home. The tactic of refusing can only stall things if she doesn’t want to leave the house, and he also doesn’t want leave the house that they co-own. But that’s rare.
Otherwise, as long as she leaves and is no longer living with him, after about a year she can easily get a divorce. If there has been adultery or abuse, one can often get a divorce sooner than in one year (though most family lawyers tell you not to bother, just wait a year, it’s easier), but otherwise, as long as she’s no longer living with him, after a year, she’ll be able to file her papers.
Mom_Markers says that there really no such thing as a legal separation. (Lotsa people come in to her law clinic asking for a legal separation, but there really isn’t anything like that). She just has to leave, and then a year later swear under oath that they’ve been separated for a year.
Your friend can pick up all sorts of pamphlets or drop by a Family Law Clinic in his area. The Ontario Courts website sucks. A local Family Law Clinic can also point him in the right direction as far as what kind of legal assistance he’s qualified for, but he really ought to get some kind of legal advice. If they’ve been together for a fairly short time and she’s self-sufficient and gainfully employed, and again there are no kids, he might not be required to give her what she’s asking for, but he won’t be in a very good position to find out without some more experienced legal advice.