During the next few weeks, we will be providing a very basic overview of how a family matter proceeds through the court process. Whether for divorce, parenting, support or property issues, a family law matter is started by one party issuing a Petition with the court. To issue a Petition, one party completes the form for a Petition, takes that form to the courthouse, and asks them to issue it. If there are support matters to be dealt with, a party also has to complete and file a Financial Statement and a Notice to File Income Information. If there are property matters, then a Property Statement is required. If there are children, then a Notice to Attend the Parenting After Separation Course is needed. If the relevant documents are all provided to the court, the Petition is issued, and the Petitioner has six months to serve the other party with the documents. Service must be done in person by anyone other than the Petitioner.

The Petition outlines all of the issues that one party seeks to be addressed with the other party. Once the other party is served with the Petition and supporting documents, they have 30 days to respond and raise anything they want to address. The timeframe to respond to a Petition is often extended with the assistance of lawyers on both sides or by filing a Notice of Intent to Answer, which provides the party with an additional ten (10) days.

If you have separated or are thinking about separating from your spouse and need assistance or advice in commencing a family law matter, please contact our family law team at www.mckercher.ca/family-law.