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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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{{ | {{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye, and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}} | ||
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If a divorce proceeding has been started against you, you have two choices: do nothing or respond to the proceeding. Learn what’s involved in responding to divorce proceedings in BC. | If a divorce proceeding has been started against you, you have two choices: do nothing or respond to the proceeding. Learn what’s involved in responding to divorce proceedings in BC. | ||
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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. | 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. | ||
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 information on the legal basis for divorce, see our information on [[Requirements for Divorce and Annulment ( | 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 information on the legal basis for divorce, see our information on [[Requirements for Divorce and Annulment (No. 120)|the requirements for divorce (no. 120)]]. | ||
====Other claims==== | ====Other claims==== | ||
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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. | 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. | ||
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 | 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 (No. 112)|applying for an interim order (no. 112)]]. | ||
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:Web: [http://wiki.clicklaw.bc.ca/index.php/Replying_to_a_Court_Proceeding_in_a_Family_Matter wiki.clicklaw.bc.ca] | :Web: [http://wiki.clicklaw.bc.ca/index.php/Replying_to_a_Court_Proceeding_in_a_Family_Matter wiki.clicklaw.bc.ca] | ||
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