If you and your spouse are dealing with serious marital problems, divorce may be on the horizon. Perhaps one of you has already moved out of the family home under the auspices of giving each other time to think. Maybe both of you had originally planned to talk over the outstanding issues and reconcile your relationship.
The reality is that the more time that passes, the greater the likelihood that divorce papers will be filed. Unfortunately, the person who is served with the paperwork is usually caught off-guard. If that individual hasn’t prepared for the possibility of divorce, he or she may not know what to do.
This article will give you a quick guide to follow in the event you are served with a petition for divorce. The better prepared you are to act decisively, the better you’ll be able to end your marriage as quickly and cleanly as possible.
Carefully Review The Divorce Petition
The petition with which you’re served will contain several pieces of information related to your marriage. It should list your name, the name of your spouse, and the names of your children. It will also mention the reason the petitioner is asking for the marriage to be dissolved. Because all states recognize a no-fault divorce, the most common reason given is “irreconcilable differences.”
The divorce papers should list any and all marital property. That includes the family home as well as your real estate holdings, investments, vehicles, and other assets. The paperwork should also note whether child support or alimony is being requested or offered by the petitioner, and if so, the amount.
Review the petition carefully. Signing it, noting your agreement to end your marriage, indicates that you agree to the proposed terms.
Gather Copies Of Your Financial Statements
Your lawyer, your spouse’s lawyer, and the court will need to see documentation related to your finances. After you’ve been served with the divorce papers, immediately start gathering the necessary documents. Find your bank statements, credit card statements, pay stubs, and tax returns. If you own a business, you’ll be asked to provide income statements and balance sheets.
You should also gather paperwork pertaining to your outstanding debts. This includes your mortgage, personal loans, and business loans.
If you have access to the above documents for your spouse, gather them as well. Put everything in one place so you can quickly retrieve them when you’re asked to do so.
Contact A Qualified Divorce Lawyer
If you’ve been served with a divorce petition, it is highly likely that your spouse has already hired an attorney. Be proactive and do the same. The last thing you want is to be without legal counsel during the settlement negotiations, particularly if your future ex-spouse arrives with his or her lawyer.
Even if you decide to represent yourself (pro se), it’s advisable to consult a divorce attorney about your case. He or she can provide helpful insight regarding your rights as a spouse and parent. In the event that you want to contest the divorce petition, your attorney can offer advice on how to do so in light of your goals.
File Your Response To The Divorce Petition
Technically, you’re not required to respond to a petition for divorce. If you do nothing, the judge will eventually grant the petitioner’s – i.e. your spouse’s – request. Assuming the paperwork was served properly, reasonable attempts were made to notify you, and a specific number of days (usually 20) have passed, the judge will assume that you consent. Your consent is presumed to extend to the terms listed in the petition.
You may be able to persuade the judge to reverse the decision after the fact. However, you must have a compelling reason for him or her to do so.
If possible, respond to the divorce papers, even if you agree to end your marriage. Doing so ensures that you’ll be informed of when and where the divorce hearing will be held.
Getting served with divorce papers can be a shock. Take steps to prepare yourself, even if you’re certain that your spouse would never file the paperwork. If you and your spouse are experiencing serious marital problems, now’s the time to consult an experienced divorce attorney.