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Difference between revisions of "Responding to Divorce Proceedings"

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===A notice of family claim starts a divorce proceeding===  
===A notice of family claim starts a divorce proceeding===  
When your spouse begins divorce proceedings, they file '''notice of claim''' in court. Your spouse is the '''claimant'''. You are called the '''respondent'''.
{{PLSStorybox
| image = [[File:rhyan.png|link=]]
| text      = “I was served with divorce papers five days ago. I don’t agree with everything my spouse is asking for. So I’m putting together a response. I have to file my papers in Supreme Court in the next few weeks. I’ve set up an appointment for next week with a family lawyer — for free — because I have some questions before I file my paperwork.” <br>– Rhyan, Cranbrook, BC
}}


====The notice of claim must be served on you====
When your spouse starts divorce proceedings, they file a '''notice of family claim''' in BC Supreme Court. Your spouse is the '''claimant'''. You are called the '''respondent'''.
The claimant must arrange for the notice of claim to be '''personally served''' on the respondent. This means the notice of claim must be given to you in person by someone other than your spouse.


If you’re not available to receive the papers or the claimant has trouble serving you personally, they can seek the court’s permission to serve you '''substitutionally'''. This might involve, for example, leaving the papers at your last known address, with your close relatives, or in your mailbox.
====You must be served with the notice====
As the claimant, your spouse must arrange for the notice of family claim to be '''personally served''' on you. This means it must be given to you in person, but not by your spouse.


====Read the notice of claim====
If you aren’t available to receive the papers or the claimant has trouble serving you personally, they can seek the court’s permission to serve you '''substitutionally'''. That means using a different method of service. It might involve, for example, leaving the papers at your last known address, with your close relatives, or in your mailbox.
Read the notice of claim carefully. It states the orders the claimant wants the court to make. Whether and how you respond to the notice of claim depends on the orders the claimant is asking for and whether you agree with the claims or not.
 
====Read the notice====
Read the notice of family claim carefully. It sets out the court orders your spouse wants the court to make. If and how you respond to the notice depends on the orders your spouse is asking for, and whether or not you agree with the claims.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Because the claims in a divorce proceeding could significantly affect your rights, you should consider asking a lawyer to review the notice of claim with you and explain what it means.
The claims in a divorce proceeding could significantly affect your rights. Consider asking a lawyer to review the notice of family claim with you and explain what it means. See below under “Who can help” for free and low-cost options for advice.
|}
|}


Elena Renderos
2,553

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