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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 02:37, 27 April 2021
, 02:37, 27 April 2021→If you don’t agree with what the notice of claim seeks
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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 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? | ||
===If you don’t agree with | ===If you don’t agree with the notice of family claim=== | ||
If you | 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: | ||
* exercise parenting rights in the best interests of the children, | |||
* 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. | |||
Once you’ve completed the form, you must file it in the same court in which the notice of family claim was filed. | |||
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. | |||
{| class="wikitable" | |||
|align="left"|'''Tip''' | |||
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]]. | |||
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===If you want to make your own claims=== | ===If you want to make your own claims=== | ||
