Divorce Papers: What To Do After Receiving Them
Divorce or “dissolution of marriage” is a legal process wherein a judge or other authority dissolves the bonds of matrimony that exists between two persons, resulting to the restoration of being single and allowing them to remarry another individual.
Divorce does not automatically take place after a separation. It is sometimes filed years after separation with the knowledge of each party. However, there are times when divorce also comes as a complete surprise to the spouse receiving the paperwork. After a divorce paper is received, the defendant must take speedy action in order to protect their legal rights and future.
Read the Papers
It is imperative that a person carefully read the divorce papers because these papers contain many information that is important to the defendant. The divorce papers should list the court where the action is filed as it can be helpful in knowing if the spouses have been estranged and the divorce is being filed in another state. A deadline by which a response must be provided by the defendant must also be stated. In addition, the divorce paper will also indicate if the spouse is filing the paperwork on his or her own or if he or she has retained the service of an attorney. The divorce papers may also contain the allege grounds for the divorce as well as the discussion of requests by the moving party involving child support, spousal support, division of property, child custody and other matters related to the child/children.
Respond in a Timely Manner
It is important that the divorce papers state the number of days that the defendant has to respond to the complaint or petition for divorce. It usually takes 30 days from the date when the spouse was actually served with the divorce papers. It is a must that the spouse be certain with regards to this information otherwise if he or she lets the deadline pass without responding, the spouse filing for divorce can possibly receive everything he or she requested as stated in the divorce paper.
Usually, a person files his response through his or her attorney. But in cases however, when a person cannot afford the necessary fund in order to retain an attorney, he or she may respond on his or her own. Otherwise, the spouse can forfeit his or her rights and legal arguments. It is typical that a person responds to the statement in the complaint specifically and not just issue a generic denial of all statements.
Seek Legal Counsel
If it is possible, it is imperative that an experienced divorce lawyer be retained. Despite the instance that the spouse receiving the paperwork is in agreement to what the divorce paper and allegations states, a legal counsel can review the documents and inform the spouse of his available options and rights. In the case where the divorce is later contested, a lawyer can advocate for his or her rights.
In order to prevent the spouses to be in an uneven footing, it is especially important to have a legal counsel. However in cases wherein financial constraints hinder the retention of a legal counsel’s service, a person may be able to retain an attorney for a limited purpose of filing a response or representing the spouse in court.
Collect Documents
Certain documents are needed during the initial consultation. Preliminary documents that a spouse may need to gather include documents that provide identifying information, such as birth certificates, the marriage certificate, and social security cards. In addition to this list, spouses are likely to be asked to show how much each is paid, their tax returns for the last three years, bank statements and credit card statements. These documents are used to establish the income, assets and debts of the household, which will later be used in the divorce process.
Protect Your Assets
In some jurisdictions, a call for all assets to be frozen once a divorce petition is filed is automatic in order for the parties to protect their assets. In instances where a spouse’s income is directly deposited to a joint account, he or she should consider setting up a bank account separate to the joint account and rerouting the funds to this account. A spouse should also know whether he or she should remove half of the amount in joint accounts in the jurisdiction.
Because divorce is expensive with all of the legal fees and expenses, he or she should find ways in order to save during the duration of the legal process. Also, a credit report should be requested in order to check his or her financial status as well as see if a recent debt is incurred without his or her knowledge.
Protect Communications
In order to avoid detection and compromise information, spouses should be careful with regards to their mail and where it is routed to. Lawyers may send letters containing legal strategic plans and this information should not be revealed to the other party. A post office box may come in handy in helping protect privacy and confidential communications.
