Whether you had a feeling that your marriage would come to an end or you’re completely blindsided by your spouse’s decision, being served divorce papers can be devastating. Unfortunately, upon receiving the papers, you may find that you are unsure how to proceed or what to do next. However, it’s important to ensure you take the correct steps to protect yourself during these complicated times. The following blog explores the steps involved in this process and why you should connect with a Somerset County divorce attorney as soon as possible.
What Documents Are You Being Served?
Divorce papers are important legal documents that contain a litany of information. As such, understanding what is included in these documents is critical, as they will directly impact the outcome of your divorce.
Complaint
The first document is the divorce complaint, which includes details about the marriage, children, and demands from the spouse who filed. These demands can include matters related to alimony, property division, child custody, and requesting a name change if one party took the last name of the other.
Summons
The second paper is the summons, which essentially informs you of when you must file a response.
Why Reading These Documents Carefully Is Critical
Because the information in these documents plays a direct role in the outcome of your Somerset County divorce, it’s important to take the time to carefully review these papers. You’ll find information about:
- The response deadline (typically 35 days)
- Court instructions
- What your spouse is seeking from the divorce
What Steps Must I Take After I’m Served Divorce Papers?
Though you may be shocked or saddened by your spouse’s decision, it’s important to take action.
Step 1. Read and Note Your Deadline
If you are served, you must respond by the date listed on the papers. If you do not file a response, your spouse will be awarded a default judgment. Essentially, this grants your spouse the terms and conditions they requested. Default judgments can impact your right to alimony, child support and custody, debt allocation, and property distribution.
Step 2. Retain Legal Counsel Early
As such, the most important thing to do is connect with an experienced attorney who can help guide you through this process to ensure these matters go smoothly. They can help you complete the correct terms and file them on time to avoid unfavorable outcomes. Additionally, they will fight on your behalf to help you receive an outcome that is in your best interest.
Step 3. File your Answer/Counterclaim
Your attorney will help you file the correct answer and counterclaim form for your divorce, depending on whether or not you want to contest any of the demands or claims made by your spouse. You will also need to pay the associated fees or file a fee waiver request.
Step 4. Serve Your Response
You’ll need to ensure you properly serve the papers to your spouse. You can serve them yourself or send them through certified mail. Regardless of the delivery method, you must be able to prove your spouse received these papers.
What Happens After You Respond to the Divorce Papers?
Filing a response by the deadline is just the first step in this long and often complex divorce process. As such, it’s important to understand what you can expect to occur after your spouse has been served with a copy of your response.
Disclosure and Financial Investigations
Once both parties have filed the necessary paperwork with the court, you’ll begin the discovery and financial disclosure process. Financial disclosure through the Family Part Case Information Sheet is critical to identifying which assets are marital property and thus subject to distribution and which will remain separate property. You should begin gathering the following documents:
- Bank statements
- Real estate titles
- Income records
- Tax returns
- List of separate property with proof of ownership
Negotiation/Mediation
Negotiation between your spouse and their attorney can be incredibly beneficial. In fact, Somerset County courts often encourage couples to attempt negotiations before going to trial, as this can help keep the court schedules clear and reduce financial strains on the parties involved.
In some divorces, particularly those in which a couple cannot reach an agreement on child custody, mediation may be mandatory. This process can grant you and your spouse more control over the outcome of these contested matters.
Litigation
In the event you and your spouse cannot reach an agreement on the contested matters of your divorce, you will proceed to a hearing in front of a judge. Your attorney can present your case on your behalf, which may include evidence, witness testimony, and legal arguments.
Final Divorce Decree
If you and your spouse reach an agreement through negotiation or mediation, or a judge issues a decision on your case, it will be entered as part of your final judgment. It’s imperative to understand that the matters included in your divorce decree are legally binding and must be adhered to.
Connect With an Experienced Somerset County Divorce Attorney
As you can see, there are many steps to consider when you have been served divorce papers. That is why it’s in your best interest to connect with an experienced divorce attorney from the Siragusa Law Firm. We understand how complicated these matters can be, which is why we are determined to help you navigate these complex legal and emotional issues. Connect with us today to discuss your circumstances with a member of our staff.