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Difference between revisions of "Responding to Divorce Proceedings"
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Responding to Divorce Proceedings (view source)
Revision as of 02:43, 27 April 2021
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==Common questions== | ==Common questions== | ||
=== | ===What if I don’t respond?=== | ||
It’s very important to respond if you disagree with any of the orders your spouse is asking for. If you don’t, the court can make the orders your spouse is asking for without any further notice to you. | |||
If your spouse is only asking for a divorce and you don’t respond, the proceeding will become an '''uncontested divorce proceeding'''. But if you file a response to family claim, the divorce proceeding is '''contested'''. In that kind of proceeding, there’s usually disagreement about how to settle some or all of the family law issues. A trial may be necessary if you can’t reach an agreement. | |||
===Can I object to a divorce?=== | |||
You can object, but you’re unlikely to succeed. Most of the time, the judge will make a divorce order as long as the basis for the divorce is proven. It doesn’t matter whether you want it or not. In some rare situations a judge ''may'' refuse a divorce. For example, a divorce wouldn’t be granted if reasonable arrangements haven’t been made for the support of any children. The judge could also refuse to grant a divorce if it would mean the end of the pension benefits a spouse is receiving, at least until the property division and any support claims are dealt with. | |||
===What’s a judicial case conference?=== | |||
After you file a response, you or the claimant can schedule a '''judicial case conference'''. This is an informal meeting with a judge or master to talk about the claims each of you has made, see what can be agreed to, and talk about how the claims will be resolved. | |||
A judicial case conference (or JCC) is a good time to tell the judge — and your spouse — what you really want. The conference is held in private and everything you say is confidential and '''without prejudice'''. This means it can’t be repeated outside the meeting room or used against you later if you don’t reach an agreement. The judge won’t make any decisions unless you and your spouse both agree. But, the judge can make procedural orders, including asking you or your spouse (or both of you) to provide required financial information. | |||
===What about urgent family law issues?=== | |||
From the time a notice of family claim is filed, it can take a year or more to have a trial if a case can’t be settled out of court. Before the trial, you or your spouse may need the court to make '''temporary orders''' about important issues such as: | |||
* the payment of child support or spousal support | |||
* where the children will live | |||
* who will live in the family home | |||
These are called '''interim orders'''. They can be made when one or both of you make an interim application to the court. An interim (or temporary) order lasts until another interim order is made. Or it will stay in place until the final order ending the case is made at trial or by agreement. | |||
Interim applications should be taken very seriously | Interim applications should be taken very seriously. Interim orders can influence the final outcome of the case. For more, [[Interim Applications in Family Matters|see our information on applying for an interim order in a family law case in Supreme Court]]. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
Each time you go to court, it costs time and money. Try to save interim applications for really important problems. The more you can agree on things with your spouse, the easier | Each time you go to court, it costs time and money. Try to save interim applications for really important problems. The more you can agree on things with your spouse, the easier and less expensive the court process will be for each of you. | ||
|} | |} | ||
=== | ===When will the divorce be granted?=== | ||
If the claim for divorce is based on a one-year separation, a divorce application and divorce order can be made any time '''after''' the one-year period is over. If the divorce claim is based on cruelty or adultery, the order can be made at any time. But, there must be evidence to support those claims. | |||
No matter what the claim is based on, the court must be satisfied that reasonable arrangements have been made for the financial support of any children. Otherwise it will not make the divorce order. | |||
A | A divorce order can be made before all the issues are resolved. But the court will usually be hesitant to do so without a very good reason (such as remarriage). | ||
===When does the divorce order take effect?=== | ===When does the divorce order take effect?=== | ||
Divorce orders take effect 31 days after the date the order is made | Divorce orders take effect '''31 days after''' the date the divorce order is made. That’s unless there are special circumstances and the judge says it will take effect sooner. The delay is to allow a spouse to appeal the divorce. Appeals like these are very rare. | ||
===Can I make a claim after the divorce order is made?=== | ===Can I make a claim after the divorce order is made?=== | ||
If your divorce order doesn’t cover the division of property or debt and you didn’t claim a division of property in the divorce proceeding, you have two years after the date of your divorce to make a claim under the ''Family Law Act''. The same deadline applies to seeking spousal support for the first time under the ''Family Law Act''. | If your divorce order doesn’t cover the division of property or debt and you didn’t claim a division of property in the divorce proceeding, you have two years after the date of your divorce to make a claim under the ''Family Law Act''. The same deadline applies to seeking spousal support for the first time under the ''Family Law Act''. | ||
Divorced spouses can always claim spousal support under the ''Divorce Act'' | Divorced spouses can always claim spousal support under the ''Divorce Act''. It doesn’t matter how long they’ve been divorced. | ||
Divorced spouses can always make a claim about children — such as claims for | Divorced spouses can always make a claim about children — such as claims for parental responsibility, decision-making responsibility, parenting time, or child support. That’s as long as the children qualify as “children of the marriage” under the Divorce Act or as “children” under the ''Family Law Act''. | ||
==Who can help== | ==Who can help== | ||
