Need Help: Where to send Counterclaim for Divorce in Alberta?

[crookie]

Good day,

My husband filed a divorce and I am going to contest it. I already have my statement of defense and counterclaim. His Statement of Divorce does not have any lawyer's address just his home address. I am planning to send it to his address but should I also send it to the Queen's bench in Calgary? Because that is where he filed it.

Thank you

 

[crookie]

By the way I am sending my docs from the Philippines.

 

[jag21]

You need to file your counter claim in the same court house. Make 3 copies one for you to your husband and other one for the court house which is Queen's Bench after you filed it ask a friend or relative to serve it to your husband and they need to sign the affidvit that the counter claim is been served.

 

[canadianwoman]

Yes, you send the counterclaim to the court where the application to divorce was filed (Queen's Bench in Calgary). Then the court will issue you something - the official counterclaim I guess - and you have to have it served on your husband. That is, you will have to hire someone to give it to him.

 

[Djl]

By the way I am sending my docs from the Philippines.

My personal feelings is if he doesn't have a lawyer and is doing this on his own your first and biggest step would be to get legal representation before he does and trust me that does go a long way here, especially in the Canadian law

 

[jag21]

Just to let you now contested divorce take years to finish especially if you have children and the most scary part is the lawyer's fee.

 

[crookie]

thank you for your inputs. Question though, can I have it send via registered mail instead of serving it personally by a friend? should I really need a lawyer there? I have a lawyer here in the Philippines who is helping me out

 

[scylla]

thank you for your inputs. Question though, can I have it send via registered mail instead of serving it personally by a friend? should I really need a lawyer there? I have a lawyer here in the Philippines who is helping me out

It has to be served personally.

 

[Sous02]

It has to be served personally.

You can hire a local process server in your spouse's home city. Personally the only thing worth fighting is the financial settlement. If the other person wants a divorce fighting it only makes lawyers rich.

 

[CanadianAlien]

divorce in alberta is always "no fault".

I'm guessing his grounds are breakdown of relationship, no physical relationship for 12 months or over...(as you are not in country)

Adultery is damn near impossible to prove, I tried, got nowhere despite physically seeing the proof.

I know this as I divorced my ex wife after catching her in bed with another man...that was a fun day!

In my case it all happened VERY quickly, after the 1yr apart..I did the divorce myself (which was frighteningly easy) and from initial serving to final judgement took I believe just over 4 months, instead of the 3 years in my home country. Total cost 350 dollars canadian (or thereabouts)

The only advice I will give you is this....if one party is totally determined and set on divorce (as I was) and the other party does not want it (as my ex wife) what chance does that marriage have even if (and it's a big if) you are successful in stopping proceedings? Even if you are successful if there is no marital contact it is cheap to refile and re-initiate proceedings from the start again....and at that point there is nothing you can do to stop it happening all over again, one party not wanting to divorce is not enough if that 1yr apart can be proven. It seems to me all you are going to do is put a nice paycheck in an Alberta lawyers pocket, which he will probably demand upfront, but the end result will be the same. If you have a child together then obviously he could be compelled to pay for his child.

I wish I could be more positive, but obtaining a divorce in alberta is frighteningly easy once minimal criteria is met.

In the eyes of the law, trying to be polite, they define apart as not sharing a bed as man and wife. If he has shared your bed in the last year and you can prove this then yes, on those grounds, you can stop things, but only until that 1yr has passed...eg he slept with you in say Jan 2016, he can't file until Jan 2017.

I realise your spouse visa goes up in smoke, but candidly that is probably what he intends, as unless your papers have been approved and he is locked into the spousal sponsorship contract this frees him from it. Is it fair...hell no, but when a marriage of two persons from different countries breaks down this is the easy way of one party sweeping the other under the rug and forgetting about it. (i would not be surprised if he has not already informed CIC of the divorce filing, so your application is on very rocky ground anyways, as one of the main criteria, a genuine spousal relationship, has just gone up in smoke.).

 

[jag21]

By the way I am sending my docs from the Philippines.

Do you know that divorce obtained abroad is not recognize in the philippines, unless the person initiated the divorce is non-filipino?

 

[Alilemalilemalilem]

Do you know that divorce obtained abroad is not recognize in the philippines, unless the person initiated the divorce is non-filipino?

Who said that it is recognized?do you think that those who filed for divorce here in canada doesn't know that?

 

[Reynaldodimaiwat]

By the way I am sending my docs from the Philippines.

How send it to the Philippines i already file a divorce