Skip to main content

The Family Law Court Process: Step 3 - The Reply

The Family Law Court Process: Step 3 - The Reply

A possible third step in the family law or divorce court process is the Reply. I say it's possible because a Reply is only made when the respondent makes an Answer that raises new claims. In that case, the applicant can respond to only the new claims.

Similar to the application and the answer, the Reply will set out the applicant's response to the new issue(s) raised by the respondent. But if the responding person does not raise new issues in his or her Answer, the applicant does not make a Reply.

A Reply can be lengthy and your family law lawyer will write the response with your input. The costs associated with making a Reply are approximately the same as the other main documents -- $3500 to $5000 -- depending on the length of the response and the complexity of gathering information needed to respond to the new claims.

Photo credit: Olya Harytovich

A Reply can be made only by the applicant. So if you are considering starting a court proceeding, it is helpful to consult a family law lawyer well in advance. This will help you to understand the probable costs ahead of time and form expectations accordingly. The closer your expectations are attuned to reality, the better the experience will be for you.

Find a Family Law Lawyer, or Separation Lawyer or Divorce Lawyer, who serves clients in London, St. Thomas, Stratford, or Sarnia, Ontario.

Labels:
Location: Stratford, ON, Canada

Comments

Post a Comment

Popular posts from this blog

One Dog, Two Lawyers

The Point Having an emotional connection with the pet is not enough to establish ownership.  A Dog and Two Lawyers Two years ago, a decision came out that decided who got the dog in a separation. I find it interesting because of how the dispute started and that fact that there was only one dog but two people arguing over it.  In a previous post, I wrote about a case that had two dogs in dispute during a separation, and each partner ended up receiving one dog each. The judge seemed to take a broad approach to deciding. There is also an intuitive dimension where it's easier to say, 'Keep one each and call it a day.' But in the case I'm about to introduce, the dog could not be split two ways and it appears that the classic way of finding out who owns something was used by the judge to decide who got to keep the dog. The classic way is finding out who is the registered owner (or, who is on title).  In this case , the dog was a Boxer named Layla.  Photo credit: IslandHopp...
Post a Comment
Read more

Steps in the Family Law Court Process: The Application

Family Law Court Process If you start litigation in your family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision: Step 1: The Application Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).  If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure." If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, which sets out inf...
Post a Comment
Read more

Steps in the Family Law Court Process: The Motion to Change

Family Law Court Process: The Motion to Change Another way your family law lawyer may start your court process is with a motion to change. This tool is used when you already have a domestic contract with another person. This might be a separation agreement. Or you may have a court order from a previous matter that sets out how much someone must pay in spousal support or child support.  As the name indicates, this litigation tool allows you to ask the court to change, or vary, a term in an existing contract or an order of the court based on significant changes to your circumstances or ability to pay. The motion to change is similar to the application in that you will have to discuss with your lawyer what requests you are making of the court and the facts and supporting documents that you are using to bolster your request. Spousal Support and Periodic (Monthly) Payments If you have been receiving spousal support on a monthly basis or child support for your child(ren), you may be brou...
Post a Comment
Read more