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Difference between revisions of "Divorce and the Law on Getting Divorced"
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Divorce and the Law on Getting Divorced (view source)
Revision as of 22:08, 5 May 2013
, 22:08, 5 May 2013→What happens if a response or counterclaim are filed?
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The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if: | The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if: | ||
*'''Sole | *'''Sole application:''' the respondent files a Response to Family Claim or a Counterclaim; or, | ||
*'''Joint | *'''Joint application:''' a claimant withdraws from the process and files a Response to Family Claim or a Counterclaim. | ||
In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached. | In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached. | ||
