Difference between revisions of "Responding to Divorce Proceedings"

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Responding to Divorce Proceedings (view source)

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===If you want to make your own claims===
===If you want to make your own claims===
If you have claims of your own you want to make — for example, about the parenting of your children, support, or how to divide property — you must file a counterclaim. The counterclaim says what orders you want the court to make. Just as you did with the response, you must fill out, file, and serve the counterclaim on your spouse. You must do this within 30 days of the date you were served with the notice of family claim.
If you have claims of your own you want to make — for example, about the parenting of your children, support, or how to divide property — you must file a counterclaim. The counterclaim says what orders you want the court to make. Just as you did with the response, you must fill out, file, and serve the counterclaim on your spouse. You must do this within 30 days of the date you were served with the notice of family claim.
===If you don’t agree with the notice of family claim===
If you disagree with any of the orders your spouse is asking for in the notice of family claim, you must respond. You do that by filling out a '''response to family claim''' (form F4). Part of this form involves certifying that you know about your duties under the ''Divorce Act'' to:
* exercise parenting rights in the best interests of the children,
* protect your children from conflict because of the court case,
* try to resolve your disagreements through mediation, collaborative negotiation, or arbitration, and
* provide complete, accurate, and up-to-date information as required.
Once you’ve completed the form, you must file it in the same court in which the notice of family claim was filed.
Along with your response, you may need to fill out and file other forms (such as a financial statement), depending on what claims your spouse is making. Then, you must serve the filed court forms on your spouse.
{| class="wikitable"
|align="left"|'''Tip'''
You can '''download''' the response to family claim form, as well as other court forms, on the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms BC government website]. The wikibook JP Boyd on Family Law includes [[Supreme_Court_Forms_(Family_Law)|samples of many completed forms]].
|}
===There are time limits to respond===
If you don’t agree with any of the orders your spouse is asking for, you must respond to the notice of family claim. You need to do so '''within 30 days of the date you were served'''.
===If you want to make your own claims===
If you have claims of your own you want to make — for example, about the parenting of your children, support, or how to divide property — you must file a '''counterclaim'''. The counterclaim says what orders you want the court to make. Just as you did with the response, you must fill out, file, and serve the counterclaim on your spouse. You must do this '''within 30 days''' of the date you were served with the notice of family claim.


==Common questions==
==Common questions==
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This information applies to British Columbia, Canada
This information applies to British Columbia, Canada
Reviewed in April 2020
Reviewed in April 2020


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