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Difference between revisions of "Responding to Divorce Proceedings"

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Responding to Divorce Proceedings (view source)

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It’s a good idea to meet with a family lawyer and get legal advice if your spouse is making claims beyond seeking an order for divorce.
It’s a good idea to meet with a family lawyer and get legal advice if your spouse is making claims beyond seeking an order for divorce.


===The notice of claim can include several claims===  
===If you don’t agree with the notice of family claim===  
The notice of claim gives the court basic information about you and your spouse, and information about your marriage and separation. It describes the orders your spouse is asking the court to make. At a minimum, this will be an order for divorce.
If you disagree with any of the orders your spouse is asking for in the notice of family claim, you must respond. You do that by filling out a '''response to family claim''' (form F4). Part of this form involves certifying that you know about your duties under the ''Divorce Act'' to:


====The grounds for divorce====
* exercise parenting rights in the best interests of the children,
To get a divorce, your spouse must show your marriage has broken down. They can do this in three ways: by showing you have lived separate and apart for at least one year, by showing you committed adultery, or by showing you treated them with cruelty that makes living together intolerable.
* protect your children from conflict because of the court case,  
* try to resolve your disagreements through mediation, collaborative negotiation, or arbitration, and  
* provide complete, accurate, and up-to-date information as required.  


The notice of claim will state the way your spouse plans to show '''marriage breakdown''', such as a one-year separation. If you don’t dispute the reason, you might not object. On the other hand, if your spouse is claiming adultery or cruelty and those claims aren’t true, you will probably want to object. For more on the legal basis for divorce, see our information on the [[Requirements for Divorce and Annulment|requirements for divorce]].
Once you’ve completed the form, you must file it in the same court in which the notice of family claim was filed.


====Other claims====
Along with your response, you may need to fill out and file other forms (such as a financial statement), depending on what claims your spouse is making. Then, you must serve the filed court forms on your spouse.
In the notice of family claim that starts a divorce proceeding, your spouse can also ask for orders about other issues. These might include the parenting and support of your children, spousal support, the division of family property and debts, and other matters.


Carefully consider what your spouse is asking for. If you have children, your spouse may be asking for parenting time and all decision-making responsibility under the ''Divorce Act''. Do you feel that shared decision-making responsibility would be better? Or do you believe that ''you'' should have all decision-making responsibility? If your spouse is seeking a 50/50 division of family property, do you feel you should get more than half?
{| class="wikitable"
|align="left"|'''Tip'''
You can '''download''' the response to family claim form, as well as other court forms, on the B[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms C government website]. The wikibook ''JP Boyd on Family Law'' includes [[Supreme_Court_Forms_(Family_Law)|samples of many completed forms]].
|}


It’s a good idea to meet with a family lawyer and get legal advice if your spouse is making claims beyond seeking an order for divorce.
===There are time limits to respond===
If you don’t agree with any of the orders your spouse is asking for, you must respond to the notice of family claim. You need to do so '''within 30 days of the date you were served'''.
 
===If you want to make your own claims===
If you have claims of your own you want to make — for example, about the parenting of your children, support, or how to divide property — you must file a counterclaim. The counterclaim says what orders you want the court to make. Just as you did with the response, you must fill out, file, and serve the counterclaim on your spouse. You must do this within 30 days of the date you were served with the notice of family claim.


===If you don’t agree with the notice of family claim===
===If you don’t agree with the notice of family claim===
Elena Renderos
2,553

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