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Responding to Divorce Proceedings (view source)
Revision as of 04:59, 28 September 2020
, 04:59, 28 September 2020no edit summary
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{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye, and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}} | {{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye, and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}} | ||
If a divorce proceeding has been started against you, you have two choices: do nothing or respond to the proceeding. Learn what’s involved in | If a divorce proceeding has been started against you, you have two choices: do nothing or respond to the proceeding. Learn what’s involved in responding to divorce proceedings in BC. | ||
== | ==What you should know== | ||
===A divorce proceeding begins with a notice of claim=== | ===A divorce proceeding begins with a notice of claim=== | ||
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====The notice of claim must be served on you==== | ====The notice of claim must be served on you==== | ||
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. | 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. | 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. | ||
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===There are time limits to respond=== | ===There are time limits to respond=== | ||
You must respond to the notice of claim '''within 30 days of the date you were served'''. You respond by filing a '''response''' in court and serving the filed response on the claimant. | You must respond to the notice of claim '''within 30 days of the date you were served'''. You respond by filing a '''response''' in court and serving the filed response on the claimant. | ||
It is very important to respond if you disagree with any of the orders the claimant is asking for. If you don’t respond, the court can make the orders your spouse is asking for without any further notice to you. | It is very important to respond if you disagree with any of the orders the claimant is asking for. If you don’t respond, the court can make the orders your spouse is asking for without any further notice to you. | ||
You can serve the response on the claimant by '''ordinary service'''. This involves mailing or faxing (or sometimes emailing) the document to the claimant’s “address for | You can serve the response on the claimant by '''ordinary service'''. This involves mailing or faxing (or sometimes emailing) the document to the claimant’s “address for service.” The claimant’s address for service will be set out in their notice of claim. | ||
===The notice of claim can include several claims=== | ===The notice of claim can include several claims=== | ||
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. | 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. | ||
====The grounds for divorce==== | ====The grounds for divorce==== | ||
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. | 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. | ||
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 | 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]]. | ||
====Other claims==== | ====Other claims==== | ||
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===If you don’t agree with what the notice of claim seeks=== | ===If you don’t agree with what the notice of claim seeks=== | ||
If you dispute any of the claims in the notice of claim, you must respond. You respond by filing a '''response''' in court and serving the filed response on the claimant. | If you dispute any of the claims in the notice of claim, you must respond. You respond by filing a '''response''' in court and serving the filed response on the claimant. | ||
You must respond to the notice of claim '''within 30 days of the date you were served''' with the notice. | You must respond to the notice of claim '''within 30 days of the date you were served''' with the notice. | ||
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Interim applications are made by filing a '''notice of application''' (a court form describing the orders you want the court to make) and a supporting '''affidavit''' (a sworn statement describing the basis for the application). The other spouse will have the opportunity to respond. Typically, interim application hearings take anywhere from 15 minutes to three hours or more, depending on the circumstances. | Interim applications are made by filing a '''notice of application''' (a court form describing the orders you want the court to make) and a supporting '''affidavit''' (a sworn statement describing the basis for the application). The other spouse will have the opportunity to respond. Typically, interim application hearings take anywhere from 15 minutes to three hours or more, depending on the circumstances. | ||
Interim applications should be taken very seriously as interim orders are often influential in the final outcome of the case. See our information on [[Applying for an Interim Order in a Family Law Case in Supreme Court | Interim applications should be taken very seriously as interim orders are often influential in the final outcome of the case. See our information on [[Applying for an Interim Order in a Family Law Case in Supreme Court|applying for an interim order]]. | ||
{| 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 it will be for each of you. | 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 it will be for each of you. | ||
|} | |} | ||
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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'', no matter how long they have been divorced. | Divorced spouses can always claim spousal support under the ''Divorce Act'', no matter how long they have been divorced. | ||
Divorced spouses can always make a claim about children — such as claims for custody, guardianship, or child support — as long as the children qualify as “children of the marriage” under the ''Divorce Act'' or as “children” under the ''Family Law Act''. | Divorced spouses can always make a claim about children — such as claims for custody, guardianship, or child support — 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== | ||
===With more information=== | ===With more information=== | ||
The wikibook '''''JP Boyd on Family Law''''' includes information on replying to a court proceeding in a family matter. | The wikibook '''''JP Boyd on Family Law''''' includes information on replying to a court proceeding in a family matter. | ||
* [http://wiki.clicklaw.bc.ca/index.php/Replying_to_a_Court_Proceeding_in_a_Family_Matter Visit website] | |||
{{Dial-A-Law_Navbox|type=families}} | {{Dial-A-Law_Navbox|type=families}} | ||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||