Stratford Divorce & Family Law Blog

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 c...

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...