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For example, in a divorce action wherein a plaintiff seeks a divorce based on the ground that the marriage is irretrievably broken, requests alimony and sole custody of the minor child, the defendant may counterclaim for divorce based upon the ground of adultery and request alimony and joint custody of the minor child.
Failing to respond to a complaint usually results in the court awarding a default judgment to the plaintiff. It can be challenging to convince the court to set aside a default judgment, and a judgment can have a significant impact on your financial stability.
In conclusion, the financial responsibilities during divorce can vary depending on the unique circumstances of each case. Until the divorce is officially finalized, both spouses may still have shared financial obligations, but temporary agreements or court orders may determine the specific financial arrangements.
Family law courts in Canada can treat debt acquired during marriage as joint debt that should be shared equally upon divorce ? unless you made a previous legal agreement to divide your debt differently. So, if your spouse came into the marriage with debt, you won't be held responsible for that debt.
Responding to the Complaint You should consult with a family law attorney as soon as possible after being served with divorce papers. If you fail to raise certain legal claims in your response, you may be barred from later seeking recovery for the following: Claim for Equitable Distribution of Marital Property.