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Difference between revisions of "Responding to Divorce Proceedings"
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Responding to Divorce Proceedings (view source)
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It can take a year or more from the time the Notice of Family Claim is filed 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. That’s called 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. | It can take a year or more from the time the Notice of Family Claim is filed 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. That’s called 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. | ||
Interim applications are made by filing a '''Notice of Application''' (a court form which explains the orders you want the court to make and sets the date for the hearing of the application) and a supporting affidavit (a sworn statement describing the basis for the application). | Interim applications are made by filing a '''Notice of Application''' (a court form which explains the orders you want the court to make and sets the date for the hearing of the application) 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 3 hours or more, depending on the circumstances. | ||
Interim applications should be taken very seriously as interim orders are often influential in the final outcome of the case. Script [[Applying for an Interim Order in a Family Law Case in the Supreme Court (Script 112)|112]] on “Applying for an Interim Order in a Family Law Case in the Supreme Court” has more on this. | Interim applications should be taken very seriously as interim orders are often influential in the final outcome of the case. Script [[Applying for an Interim Order in a Family Law Case in the Supreme Court (Script 112)|112]] on “Applying for an Interim Order in a Family Law Case in the Supreme Court” has more on this. | ||
