A Quiz about Divorce and Separation.
1. I’ve been separated for three years, but he won’t grant me a divorce.
a) In accordance with the Partner Separation Act (1941), you must remain chaste and wait patiently for his permission.
b) Apply for a divorce now, or wait for the marriage-auto-expiry-date in another 4 years.
c) You have been separated for more than one year and you certainly don’t need his approval to start your divorce.
d) Prepare an ‘Affidavit of Collusion’ to by-pass the permission thing.
2. My wife has custody of our two children, and is living with another man. Their combined income is $180,000. My line 150 income is less than $19,000. Am I right when I tell her I don’t have to pay child support?
a) You are correct. She has reached the $150,000 threshold and according to the Child Support Guidelines (section 70.1.b) you are not required to pay.
(b) Yes and no. You have not reached the minimum income level so the court will not order you to pay a dime.
c) No, pay up. The law says you contribute according to your income.
d) Correct. Cohabitation for more than 90 days means that he “stands in place” and it then becomes his duty to provide for the children. You are off the hook.
3. I don’t have my marriage certificate. Can I get divorced without it?
a) Yes, you are required to produce your certificate, but you may make a declaration that it is not available.
b) No. Without a marriage certificate how can you prove you were actually married? The courts are aware of the wedding album scam so that doesn’t work anymore.
c) Yes, the paper version is no longer required because the clerk does an instant computer retrieval right at the counter.
d) Look in the wedding album, inside cover, next to the engraved invitation and dried rose thorns.
4. I am having difficulty giving the papers to my husband. A third party mailed my divorce papers to him but they were returned unopened. Last week a third party took the papers to his work place. He wouldn’t take them; the third party threw it at him and they landed on the floor by his feet. He left. My ex was heard laughing and one of his co-workers put the papers into the shredder. I can’t afford to hire someone to wait around to give him the papers, and I don’t want to bother his family. What do I do?
a) Under the rules of court procedure you must satisfy the court that he has read and understood the issues. The only acceptable instrument to be signed by both of you is called “Affidavit of Acknowledgment”.
b) Place the legal documents with his name clearly displayed in an envelope and slip it under the wiper on his car. File the Affidavit of Service using legal sounding words to say that to the best of your knowledge and belief he will see and read it. In legal terms this type of service is called “Alternative Default”.
c) You have properly served the papers and now the third party simply fills out the Affidavit of Service to tell the judge what he/she did.
d) Only lawyers can serve divorce papers.
5. We live in the same town, earn almost the same amount of money, and we each have custody of one child. Who pays, and how much?
a) It’s a wash.
b) You both pay to the other equally according to the Child support Guideline “table” amount, and you both claim double tax credits.
c) Under the shared and joint custody rule, the person with custody of the oldest child gets an extra one-half portion.
d) The person earning the highest income from all sources pays child support regardless of the children’s residency.
6. I live in one city and want to file in the city where I work. However, my soon-to-be-ex-wife who knows everything, says that I must file where she and the children live. Where do I file?
a) Only lawyers do the filing, and they are permitted to pick the court closest to their office.
b) Your dear wife is correct. You file in her city because that’s where the kids live.
c) Geographic restrictions effectively end in November 2007 with the introduction of the new D-FILE court network facility.
d) Generally each province has its own rules about where to file, some are fairly flexible and others are very restrictive.
7. He visits me some weekends, and sometimes he stays over. I told him I’m gonna get a divorce as soon as the six-month separation period expires. He says that when we have sex, the time used to calculate the six-month separation period starts all over. Is he right?
a) The occasional sleep-overs do not count against the accumulated time, and you are permitted to live together for up to 90 accumulated days during the six-month waiting period, but only for the expressed purpose of reconciliation
b) When you have sex with him, the period starts all over again.
c) Since the introduction of “The 40% Rule” in October 2005, you are considered separated and may seek divorce if you have been apart for more than 40 out of the last 100 days.
d) The rigt answer is almost (a) but with a 12 month waiting period. Tell him to read up on this stuff.
8. I’ve heard so much about the 40% rule, it’s even been in the news. Can I still use this rule to pay less money, like the media suggests?
a) Yes, it is indeed about money, and it’s right there in the Divorce Act. If the paying spouse’s income is within 40% of the recipients income, the table amount is proportionally reduced, and upon application the court may rule a retroactive adjustment.
b) Same as (a) without the lie about it being retroactive.
c) Under the Family Law Act, lawyers are not permitted to bill you more than 40% of your total annual income.
d) This issue deals with time, and the argument goes like this… 40% custody time is the same as 50% custody time, therefore…..
9. My husband will not leave. He’s an alcoholic, he won’t listen to me, we don’t have sex, he just sits around, he does zero housework. He likes things the way they are. What do I do?
a) Introduce him to a hottie and hope they run away.
b) Consider joining a gym and a charm school.
c) Seek divorce based on mental cruelty of such a kind as to make continued cohabitation intolerable. Ask for an order for exclusive possession of the matrimonial home.
d) Seek joint counseling and/or mediation. Watch Oprah and Dr. Phil.
10. We have split custody of two children. My beautiful wife makes a lot more money than I and has considerable financial assets. Because we have split custody, do I still pay support money?
a) It’s a coin toss. There are special rules for split custody, and the formula is just too arguable; therefore, the only ones who benefit are lawyers.
b) No, subtract your “table” amount from hers and she pays you the difference.
c) Yes, as a man it is your duty to pay.
C 2005, you can reach him at http://www.candivorce.ca
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Here are your answers.
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