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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 100023
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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hello, i have been served with a BC, Canadian court certificate

Resolved Question:

hello, i have been served with a BC, Canadian court certificate for divorce, but the name on it is incorrect and the dates he said are incorrect. I am a single parent with a phyisical disability. I have said he can have a divorce as long as he gives me child maintenance and signs the property i have been paying for, for the last ten years over to me. he has never paid me a penny, and has awful gambling debts over here, thats why he will not come back over here.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Are you saying the divorce has already been granted and you are now in the appeal period?

Were you ever served with any other legal documents for the divorce that you didn't respond to?
Customer: replied 2 years ago.

I have never had any divorce documents from any lawyers at all. This is the first I know about it. Apart from a telephone call from my husband asking me for a divorce. I said yes if you sign house over to me but have never received anything legal. No the divorce has not been granted. Its a court file from chilliwack in B.C. An order for divorce it says. But says nothing about property or maintain for the children. When we were separated the date is wrong and my name on front is wrong I think a missplelling of my maiden name. Surely this surely has to be void. I don't know. Would he not have to try and divorce me in my married name. If I have never been asked for a divorce legally how is this going to court.?? Thanks I await your relpy.

Expert:  Legal Ease replied 2 years ago.
The date and name will not void the divorce at all.

If there is an order and this is not an application for the divorce then the judgment has been signed and you have to appeal.

You don't have to consent to a divorce. But he had to serve you with the application for divorce and you have to contest it and seek a division of property and child support.

So you will need to have these documents reviewed by a lawyer in BC and have the lawyer in BC prepare a proper response.

Calling the court is not approrpriate. You will be told to get a lawyer. The clerks at the courthouse office just file documents. They cannot help you.

However, if the children live in the UK with you that is where you should be seeking an order for child support.

So I suggest as a first step you see a lawyer in your city and then retain a lawyer in BC.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.
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