Responding to Divorce Proceedings - Revision history

Drew Jackson: /* If you don’t agree with the notice of family claim */

2023-09-25T20:45:30Z

If you don’t agree with the notice of family claim

← Older revision		Revision as of 20:45, 25 September 2023
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	You can '''download''' the response to family claim form, as well as other court forms, on the B[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms C government website]. The wikibook ''JP Boyd on Family Law'' includes [[Supreme_Court_Forms_(Family_Law)\|samples of many completed forms]].		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]].
	\|}		\|}

Elena Renderos: /* Other claims */

2021-05-13T19:56:26Z

Other claims

← Older revision		Revision as of 19:56, 13 May 2021
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	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.		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?		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.		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.

Elena Renderos at 03:46, 13 May 2021

2021-05-13T03:46:06Z

← Older revision		Revision as of 03:46, 13 May 2021
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	Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help\|See our information on free and low-cost legal help]].		Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help\|See our information on free and low-cost legal help]].

	~~This information applies to British Columbia, Canada~~
	~~Reviewed in April 2020~~

	{{Dial-A-Law_Navbox\|type=families}}		{{Dial-A-Law_Navbox\|type=families}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos: /* Can I make a claim after the divorce order is made? */

2021-04-30T18:11:24Z

Can I make a claim after the divorce order is made?

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	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 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 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''.		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: /* What about urgent family law issues? */

2021-04-30T18:10:49Z

What about urgent family law issues?

← Older revision		Revision as of 18:10, 30 April 2021
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	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.		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 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]].		Interim applications should be taken very seriously. Interim orders can influence the final outcome of the case. For more, [[Applying for an Interim Order in a Family Law Case in Supreme Court\|see our information on applying for an interim order in a family law case in Supreme Court]].

	{\| class="wikitable"		{\| class="wikitable"

Elena Renderos: /* If you want to make your own claims */

2021-04-30T18:09:26Z

If you want to make your own claims

← Older revision		Revision as of 18:09, 30 April 2021
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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.

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

Elena Renderos at 18:09, 30 April 2021

2021-04-30T18:09:01Z

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 ===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==
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 This information applies to British Columbia, Canada
 Reviewed in April 2020
 {{Dial-A-Law_Navbox|type=families}}
 {{Dial-A-Law Copyright}}

Elena Renderos: /* The notice of claim can include several claims */

2021-04-30T18:07:57Z

The notice of claim can include several claims

← Older revision		Revision as of 18:07, 30 April 2021
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	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.		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~~===		===If you don’t agree with the notice of family claim===
	~~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.~~		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:

	~~====The grounds for divorce====~~		* exercise parenting rights in the best interests of the children,
	~~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~~.		* 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.

	~~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]].		Once you’ve completed the form, you must file it in the same court in which the notice of family claim was filed.

	~~====Other claims====~~		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.
	~~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?~~		{\| class="wikitable"
			\|align="left"\|'''Tip'''
			You can '''download''' the response to family claim form, as well as other court forms, on the B[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms C government website]. The wikibook ''JP Boyd on Family Law'' includes [[Supreme_Court_Forms_(Family_Law)\|samples of many completed forms]].
			\|}

	~~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~~.		===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.

	===If you don’t agree with the notice of family claim===		===If you don’t agree with the notice of family claim===

Elena Renderos: /* Other claims */

2021-04-30T18:03:15Z

Other claims

← Older revision		Revision as of 18:03, 30 April 2021
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	====Other claims====		====Other claims====
	In the notice of claim your spouse can also ask for orders about the parenting and support of your children, spousal support, the division of family property, and other matters.		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 ~~and~~ your spouse ~~is seeking sole custody of the children~~ under the ''Divorce Act''~~, do~~ you feel that ~~joint custody~~ would be better~~, or~~ that you should have ~~sole custody~~? If your spouse is seeking a 50/50 division of family property, do you feel ~~entitled to~~ more than half?		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.

	===If you don’t agree with the notice of family claim===		===If you don’t agree with the notice of family claim===

Elena Renderos: /* Other claims */

2021-04-30T18:01:57Z

Other claims

← Older revision		Revision as of 18:01, 30 April 2021
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	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.		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?		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.		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.