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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 02:35, 27 April 2021
, 02:35, 27 April 2021→There are time limits to respond
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=== | ===The notice can include several claims=== | ||
The notice of family claim gives the court basic information about you, your spouse, and any children. It also includes information about your marriage and separation. And it describes the orders your spouse is asking the court to make, such as for a divorce, support, and a division of property and debts. | |||
====The grounds for divorce==== | |||
To get a divorce, your spouse must show your '''marriage has broken down'''. This can be done in three ways: | |||
You | * by showing the two of you have lived apart for at least one year, | ||
* by showing you committed adultery, or | |||
* by showing you treated your spouse with cruelty that makes living together intolerable. | |||
The notice of family claim will state your spouse’s reason for marriage breakdown, such as being separated for a year. You may agree with this. On the other hand, if your spouse is claiming adultery or cruelty and those claims aren’t true, you probably won’t agree. For more on the legal basis for divorce, [[Requirements for Divorce and Annulment|see our information on the requirements for divorce]]. | |||
====Other claims==== | |||
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? | |||
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=== | ===The notice of claim can include several claims=== | ||