Difference between revisions of "Responding to Divorce Proceedings"

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Responding to Divorce Proceedings (view source)

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==Common questions==
==Common questions==


===When will the divorce be granted?===
===What if I don’t respond?===
If the claim for divorce is based on a one-year separation, the 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. No matter what the claim is based on, the court must be satisfied that adequate arrangements have been made for the financial support of any children before it can make the divorce order.
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.


Although the divorce order can be made before all the issues are resolved, the court will usually be hesitant to make a divorce order before everything is resolved, without a very good reason for doing so.
===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:


===What if there are matters needing to be dealt with right away?===
* the payment of child support or spousal support
From when a notice of claim is filed, it can take a year or more to have a trial, if a case cannot be settled. 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, or who will live in the family home. These are called '''interim orders'''. They are made if one or both of you apply to the court. Doing so is an '''interim application'''. Interim orders last until another interim order is made or until the final order ending the case is made at trial or by agreement.
* where the children will live  
* who will live in the family home  


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.
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 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]].
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 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 and less expensive the court process will be for each of you.
|}
|}


===Can I object to a divorce?===
===When will the divorce be granted?===
You can object to a divorce, but you’re not likely to succeed. Most of the time, the judge will make a divorce order as long as the basis for the divorce is proven, whether you want it or not. In some rare situations a judge may refuse a divorce — for example, if adequate arrangements have not been made for the support of any children, or if the divorce means the end of pension benefits a spouse is receiving.
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.


===What’s a judicial case conference?===
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.
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. The conference is held in private and '''without prejudice'''. This means each of you can make settlement proposals at the meeting without being held to your proposal later on, if you don’t reach a settlement.


A judicial case conference is a great chance to tell the judge and the claimant what you really want. Everything you say at the meeting is confidential. It can’t be repeated outside the meeting room or used later. Speak your mind and explain what orders you’re looking for and why. The judge will not make any decisions, unless you and your spouse both agree. (Note the judge can make orders about procedure, such as when financial documents should be exchanged and the dates for the trial.)
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, unless 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.
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'', no matter how long they have been divorced.
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 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 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==
Elena Renderos
2,553

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