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.

Comments

Popular posts from this blog

Binding Judicial Dispute Resolution - Past Pilots

Courts that Have Tried Binding Judicial Dispute Resolution On May 14, 2021, a pilot was started to test whether a new type of dispute resolution would help people in a family law court dispute, while at the same time clearing the backlog in the courts. Binding Judicial Dispute Resolution (Binding JDR) was started in Simcoe and Muskoka. In March 2022,  it was extended to Peterborough, Lindsay and Cobourg. It has also since been extended to Kitchener-Waterloo. In the pilot, both sides had to voluntarily agree to take this path toward a settlement or judicial decision in their case - instead of following the regular procedure. Binding JDR is a hybrid animal with certain features of a settlement conference and elements of a trial. Photo credit: Sora Shimazaki What is a Settlement Conference? To recap my previous post , a settlement conference is an informal hearing that allows both sides to get an opinion from a judge as to how he or she would decide the case if it were at trial. ...

Finding the Right Family Law Lawyer - A Follow up Thought

What I've Learned Something I've learned is that it's so important to take a prospective client through the estimated costs of pursuing a legal matter. There will usually be turns in the road. Photo credit: Jiang Hua While the costs are still estimates, a frank discussion between lawyer and prospective client prior to deciding on a retainer is crucial to a person's satisfaction level. Also, it's crucial to understanding whether it's a good fit.  The costs of litigation can mushroom in a short time because there are so many things that are out of your lawyer's control, such as how a court will decide a procedural matter or what the other side will do. The expectations that are set early on will greatly impact the equality of your working relationship with your lawyer. You should be looking for this when on the initial consultation. I believe that in the intake phone call or questionnaire that you may be asked to fill out would not be the right time to discuss...

A New Path to Resolving Disputes: Binding Judicial Dispute Resolution

Binding Judicial Dispute Resolution Recently, I attended an opening of the courts ceremony in London where judges of the Ontario Court of Justice and the Superior Court of Justice were speaking. The local administrative judge for London updated the audience and said that the London family court branch would soon begin piloting an innovative way to move certain cases toward resolution.  Photo credit: Tyler Lastovich It’s called binding judicial dispute resolution (Binding JDR). It promises to be a helpful option for the right type of case to help move things along and clear up the backlog.  So far, what I know is that Binding JDR combines elements of a settlement conference and elements of a trial. The process is pursued in the courts with a judge that hears the settlement conference, and this same judge would be the one who hears the modified trial.  I wrote about settlement conferences in a previous post. This project has been tried with success in other regions in...