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Difference between revisions of "How Do I Start a Family Law Action in the Supreme Court?"
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How Do I Start a Family Law Action in the Supreme Court? (view source)
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The Notice of Family Claim sets out the basic information about who you are, who the other side is, and describes the sorts of claims you are making. | The Notice of Family Claim sets out the basic information about who you are, who the other side is, and describes the sorts of claims you are making. | ||
You have to attach additional schedules to your Notice of Family Claim depending on the orders you are asking for. The schedules require you to provide more detailed information about your marriage, your children, your property and debts, and so forth. | |||
==Other forms you might need== | ==Other forms you might need== | ||
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==Filing your materials== | ==Filing your materials== | ||
When you've finished filling out your Notice of Family Claim, make three complete copies and take everything, including your marriage certificate and your CPL to the courthouse. | When you've finished filling out your Notice of Family Claim, make three complete copies and take everything, including your marriage certificate and your CPL (if needed) to the courthouse. | ||
You <span class="noglossary">will</span> have to fill out yet another form when you file your materials, a Registration of Divorce Proceeding. The court <span class="noglossary">will</span> provide this to you. It <span class="noglossary">will</span> cost $210 for you to file your Notice of Family Claim plus another fee to file your CPL, if you need one. | You <span class="noglossary">will</span> have to fill out yet another form when you file your materials, a Registration of Divorce Proceeding. The court <span class="noglossary">will</span> provide this to you. | ||
It <span class="noglossary">will</span> cost $210 for you to file your Notice of Family Claim plus another fee to file your CPL, if you need one. | |||
The court <span class="noglossary">will</span> give your action a file number, and stamp all four copies of your materials with the seal of the court, a date stamp and the file number of your action. If you have filed a CPL, the court <span class="noglossary">will</span> stamp that too. Note that you must also file your CPL at the Land Title and Survey Authority for it to take effect; they <span class="noglossary">will</span> charge you another fee. | The court <span class="noglossary">will</span> give your action a file number, and stamp all four copies of your materials with the seal of the court, a date stamp and the file number of your action. If you have filed a CPL, the court <span class="noglossary">will</span> stamp that too. Note that you must also file your CPL at the Land Title and Survey Authority for it to take effect; they <span class="noglossary">will</span> charge you another fee. | ||
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==What happens next?== | ==What happens next?== | ||
Once you've filed your Notice of Family Claim, you must arrange to have it served on the other side. You cannot serve the other person yourself, you must get someone else to do that for you, whether that person is a professional process server or a helpful friend. After the other person has been served, he or she <span class="noglossary">will</span> have 30 days to file a Response to Family Claim. The other side may also file a form called a Counterclaim. If this happens, the other side is making a claim of his or her own against you. | Once you've filed your Notice of Family Claim, you must arrange to have it served on the other side. You cannot serve the other person yourself, you must get someone else to do that for you, whether that person is a professional process server or a helpful friend. | ||
After the other person has been served, he or she <span class="noglossary">will</span> have 30 days to file a Response to Family Claim. The other side may also file a form called a Counterclaim. If this happens, the other side is making a claim of his or her own against you. | |||
When you have received the other person's Response to Family Claim, you <span class="noglossary">will</span> have to set up a judicial case conference (JCC). You can do this with a special form of Requisition that the registry <span class="noglossary">will</span> have on hand. | When you have received the other person's Response to Family Claim, you <span class="noglossary">will</span> have to set up a judicial case conference (JCC). You can do this with a special form of Requisition that the registry <span class="noglossary">will</span> have on hand. | ||