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You Don’t get a Divorce Severed from the Rest of the Proceedings Automatically

by Daniel Gloade on February 26, 2016

Many unrepresented parties ask for a divorce when asking for child custody, support, etc..  Later, they are advised to make a separate application for divorce.  They separate them because they don’t want their claims for custody or support to be delayed by the technical requirements of granting a divorce,

If an Application combining the divorce and the custody issues has already been issued, then a judge can order that the divorce be severed from the remainder of the application.  This is almost universally granted.

However, in the case of Shawyer v. Shawyer, 2016 ONSC 830 the judge did not permit the severance of the divorce. You can read it here.

In that case the Honourable Justice Mitrow refused to sever the divorce from the remainder of the issues.

The Wife argued that she relied on medical benefits provided by her Husband’s employer.  If the divorce was severed, it was possible for the Husband to get a divorce within a few months.  If divorced, the Wife as no longer eligible to receive those benefits.  This would be a disadvantage to the Wife. 

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