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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99925
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My divorce was brought forth in BC however, now I live in the

Customer Question

My divorce was brought forth in BC however, now I live in the state of Hawaii. I have just been served papers from my ex-husband with an application to terminate my spousal support that is owed my entire life. I have lost my residence and lively hood due to him not disclosing a past due lien on my residence that I was awarded therefore it came to foreclosure. He was involved with collusion on my property. I was forced into bankruptcy
and lost my residence and my job. It was a rental property. The collusion was with a friend of his that waited for 3 years to foreclose with the attempt that I would use the cash that I was awarded in the divorce. I was married for 18 years with the separation being 2 years before divorce. He had all access to our bank accounts and finances. BC law states that I can reopen my case if there is reason. I tried contacting my original lawyer for warranty work but she stated that she was a witness and could not. I had paid her $60,000 for her work and I did not receive descent representation. This new document that I received today states that I have 5 days to respond. It would be very difficult to do from my current location. I received nothing else from my divorce and he kept all of our businesses, land, and home He also kept my three daughters because I could not afford to keep them. He has threatened my life numerous times and I am not sure how to proceed. My health had failed to the point that my doctor advised me to get divorced. What are my options now?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
I am sorry to hear this.
What is the title to the document?
What are the grounds being stated for terminating support?
Are you saying your former lawyer will not agree to represent you for this issue?
Customer: replied 2 years ago.
title- Notice of application
grounds- the contractor has placed a lien on the family home now that I am no longer responsible
former lawyer- I went to Canada last May in hopes of finding help with reopening my case. I was homeless and jobless while he continues a lavish lifestyle. She said that she could not help me any longer because she is now a witness. I tried other lawyers in the small town of Penticton and Kelowna but early on in the divorce, my ex spoke with all of the major offices so that I could not hire one of them. He owns the High End hunting lodge with 156 acres and the guide area of 3200 sq. miles as well as the only self storage facility in the area of Princeton. He now says that he is facing hardship. I am completely without any retirement of assets what-so-ever. My lawyer from Kelowna, charged me $60,000 and took that payment out of my settlement.
Expert:  Legal Ease replied 2 years ago.
5 days to respond doesn't make sense for a notice of application.And he has to prove a material change of circumstance before he can bring this application. But you are in Hawaii so clearly need a lawyer in BC. There are lots and lots of lawyers in BC and many who need clients. What you can do to find a lawyer is one of the following things.You can contact the BC Branch of the Canadian Bar Association and usetheir Lawyer Referral Service. You will be given the name of a lawyerand can consult with the lawyer and the first half hour will be $25.The number is(###) ###-####or 1.***-***-****.Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.Here's the link to their website:http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx Just be persistent and you will undoubtedly find a lawyer to represent you.
Customer: replied 2 years ago.
the form states a.) I must file an application in Form 32 b) file the original of every affidavit, and of every other document, the I intend to refer to at the hearing of this application c) serve on the applicant 2 copies of the following- copy of filed application response, cipy of each oth the filed affidavits and if this application is brought under rule 11-3, any notice that you are requred to give under Rule 11-3 (9).time for response- (a) unless one of the following paragraphs a;;oles, with 5 business days after service of the notice of application,
(b) if this application is brought under Rule 11-3, within 8 business days after service of this notice and
(c) if this application is brought to change, suspend or to terminate a final, to set aside or replace the whole or any part of an agreement filed under Rule 2-2 (2) or to change suspend or terminate an arbitration award filed under Rule 2-1.2 (1), within 14 business days after service of the notice of application.I do not know any of these rules and so I am confused as to how much time I do have.
Expert:  Legal Ease replied 2 years ago.
It would be five days based on my research. You can request further time given that you need to find a lawyer or if you can find a lawyer at once the lawyer will ask for more time. If there is a lawyer acting for your former spouse you can call the lawyer, say you are out of the country and that you need time to find a lawyer. If there is not a lawyer acting then it may be hard to get you former spouse to agree so you may have to do all you can to find a lawyer at once.
Customer: replied 2 years ago.
Do I need to actually call my former spouses acting lawyer, or would an email suffice to ask for the extension?Is there any way to file for an extension myself, without use of an attorney at this point?
Expert:  Legal Ease replied 2 years ago.
You can email the lawyer. If the lawyer will not agree you can call the court and ask how to appear for an application in chambers from Hawaii.

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