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Divorcing a twit who won't do anything he is supposed to - have you and how did you manage it

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#1 ~~~~!eternity!~~~~

Posted 22 January 2013 - 08:36 PM

Topic title gives you an indicator of where I am it.

Long story short:
-XH is a twit
-XH lives in the house, I live in a unit
-My lease expires in April- I can afford to stay but could afford to go back to the house and pay XH out
-XH refuses to let me buy him out
-XH refuses to move out
-XH refuses to provide the disclosure documents needed by the lawyers
-XH refuses to discusses changes to parenting

You get the picture!

Please tell me the legal process actually manages this?! (And yes I have a lawyer that I will talk to but at $330 an hour some EB advice is much more in my price range).

#2 PrincessPeach

Posted 23 January 2013 - 09:40 AM

You serve him papers requesting he turn up at mediation & if he doesn't show, then it's onto court.

Your lawyer should be handling this though & if they are not, then I'd probably seek a new lawyer.

#3 Leggy

Posted 23 January 2013 - 12:17 PM

What PP said. Instruct your solicitor to arrange the mediation, including notifying XH of it, and to require the disclosure documents from XH's solicitor. Then he is legally required to do it and the courts will come down heavily on him if he flat-out refuses.

Note though that it could all take a while to grind its way through the system. I'd be signing another 6-month lease.

ETA: stop dealing with him directly for anything legal-y. It sounds like you'll have to go through the lawyers eventually anyway, so you might as well bite the bullet at the start and save time.

Edited by Leggy, 23 January 2013 - 12:19 PM.

#4 Holidayromp

Posted 23 January 2013 - 12:26 PM

You are describing my xh to a tee.  He refused to leave the house, he vandalised it and basically sat whilst the mortgage and rates needed to be paid.  Get legal advice (find somewhere cheaper) from memory we got him out by serving a trespass notice.  It has been quite a number of years.

#5 adl

Posted 23 January 2013 - 12:28 PM

What PP have said,  at $330 ph they are supposed to manage it and the ssystem doesnt let one party drag for too long otherwise no one would get settlements, divorces and parenting orders.  It is quite normal for one party to stick their head in the sand or be obstructive... thats the very nature of these IME...

Instruct them to move it along to court now that talking together is not working,  and get the mediation exemption certificate and start filing... given how long these things take to get through court I would start now!  

as to the lease,  I would think a 6 month lease will be needed... at least.

Good luck,

#6 ~~~~!eternity!~~~~

Posted 23 January 2013 - 12:29 PM

Can anyone advise how much mediation will cost?

#7 PrincessPeach

Posted 23 January 2013 - 12:34 PM

Which state are you in OP? It may differ for each state that is all.

#8 liveworkplay

Posted 23 January 2013 - 12:36 PM

My experience of mediation was that it was dependent on income. So I was paying $9 a session, DH $60.

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