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Difference between revisions of "Responding to Divorce Proceedings"
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Responding to Divorce Proceedings (view source)
Revision as of 02:33, 27 April 2021
, 02:33, 27 April 2021→A notice of family claim starts a divorce proceeding
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===A notice of family claim starts a divorce proceeding=== | ===A notice of family claim starts a divorce proceeding=== | ||
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| image = [[File:rhyan.png|link=]] | |||
| text = “I was served with divorce papers five days ago. I don’t agree with everything my spouse is asking for. So I’m putting together a response. I have to file my papers in Supreme Court in the next few weeks. I’ve set up an appointment for next week with a family lawyer — for free — because I have some questions before I file my paperwork.” <br>– Rhyan, Cranbrook, BC | |||
}} | |||
When your spouse starts divorce proceedings, they file a '''notice of family claim''' in BC Supreme Court. Your spouse is the '''claimant'''. You are called the '''respondent'''. | |||
====You must be served with the notice==== | |||
As the claimant, your spouse must arrange for the notice of family claim to be '''personally served''' on you. This means it must be given to you in person, but not by your spouse. | |||
====Read the notice | If you aren’t available to receive the papers or the claimant has trouble serving you personally, they can seek the court’s permission to serve you '''substitutionally'''. That means using a different method of service. It might involve, for example, leaving the papers at your last known address, with your close relatives, or in your mailbox. | ||
Read the notice of claim carefully. It | |||
====Read the notice==== | |||
Read the notice of family claim carefully. It sets out the court orders your spouse wants the court to make. If and how you respond to the notice depends on the orders your spouse is asking for, and whether or not you agree with the claims. | |||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
The claims in a divorce proceeding could significantly affect your rights. Consider asking a lawyer to review the notice of family claim with you and explain what it means. See below under “Who can help” for free and low-cost options for advice. | |||
|} | |} | ||
