Form 70A - Petition for Divorce - Prince Edward Island

1
NOTE FOR FORMS 70A to 70Z
In Forms 70A to 70Z, the parties should be identified in the title of the proceeding as "husband"
and "wife" in addition to their formal designation as "petitioner", "applicant", etc. When this is
done, the parties may be referred to in the body of the document as "husband" and "wife" alone.
FORM 70A
PETITION FOR DI VO RC E
(General heading)
(Court seal)
PETITION FOR DIVORCE
TO THE RESPONDENT
A LEGAL PROCEEDING FOR A DIVORCE HAS BEEN COMMENCED AGAINST
YOU by the petitioner. The claim made against you appears in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or a lawyer acting for you must
prepare an answer in Form 70D prescribed by the Rules of Civil Procedure, serve it on the
petitioner’s lawyer or, where the petitioner does not have a lawyer, serve it on the petitioner, and
file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this petition is
served on you, if you ar e served in Prince Edward Island.
If you are served in another province or territory of Canada or in the United States of
America, the period for serving and filing your answer is forty days. If you are served outside
Canada and the United States of America, the period is sixty days.
Instead of serving and filing an answer, you may serve and file a notice of intent to
defend in Form 70H prescribed by the Rules of Civil Procedure. This will entitle you to ten more
days within which to serve and file your answer.
If this petition for divorce contains a claim for support or division of property, you must
serve and file a financial statement in Form 70I prescribed by the Rules of Civil Procedure within
the time set out above for serving and filing your answer, whether or not you wish to defend this
proceeding. If you serve and file an answer, your financial statement must accompany your
answer.
IF YOU FAIL TO SERVE AND FILE AN ANSWER, A DIVORCE MAY BE
GRANTED IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU,
JUDGMENT MAY BE GRANTED AGAINST YOU ON ANY OTHER CLAIM IN THIS
PETITION AND YOU MAY LOSE YOUR RIGHT TO SUPPORT OR DIVISION OF
PROPERTY.
NEITHER SPOUSE IS FREE TO REMARRY until a divorce has been granted and has
taken effect. Once a divorce has taken effect, you may obtain a certificate of divorce from this
court office.
(Date)
Issued by______________________
Registrar
Address of court of fice ___________
TO: (Name and address of
each respondent)
CLAIM
1. The petitioner claims:
Page 1/9
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Form 70A - Petition for Divorce - Prince Edward Island PDF

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