What to Do After You're Served with Divorce Papers

A divorce is never a planned event, which adds to the overall stress of the situation. However, when a person finds out about their partner’s desire to end the marriage by being served by a stranger, the stress intensifies.

You may be experiencing a major life change, but life is not over. You can navigate through this situation and still come out with your life intact. If you are facing this difficult scenario, learn what steps you should take now.

Read the Document

Such shocking news delivered in an impersonal way is a lot to take in, but now is not the time to let your emotions get the best of you. Looking over the document may be painful, but this legal paper contains crucial information. Your failure to review the information puts you at risk and gives your spouse leverage.

Within the paperwork are directions on how to respond, which typically involve a hearing and a deadline for when you need to answer. If the paperwork was sent via mail, you have 28 days to respond. If you were physically served, you have 21 days.

Should you fail to respond by the deadline, the court can enter a default judgment in the case on behalf of your spouse. From the way child custody is determined to the separation of your joint assets, the court and your spouse will be at liberty to make all these decisions.

Contact an Attorney

Speak with an attorney as soon as possible. Divorce is an overly emotional process, and when people are passionate, they sometimes find it a challenge to think clearly and critically. An attorney offers an objective point of view that can help you assess your situation and determine what's best for you, even when you cannot do this for yourself.

An attorney is familiar with divorce laws and the manner in which they will directly affect you. For example, if you plan to seek full custody of your children, an attorney knows what type of information the court will assess and will help you review your affairs to ensure you're prepared.

In instances when you and your partner are unable to communicate due to high emotions, an attorney as an intermediary is especially beneficial. Additionally, if your spouse was the primary provider, hiring an attorney is vital to ensure you are treated fairly during the divorce.

Have a Conversation With Your Spouse

Provided no threat of violence exists between you and your spouse, have a conversation with the other party in the marriage, especially if you have children together. The difference between a divorce being a long, drawn-out, and costly situation and it being the opposite is the ability to agree.

If you and your partner can agree now about asset division, child custody, and even spousal support, you’ll spend less time going back and forth negotiating over these terms. Instead, your divorce will be settled through a process known as mediation.

Mediation is informal and can often lead to your divorce being finalized faster than a traditional divorce. You and your spouse need to have excellent communication skills and be upfront and honest for this option to work, as a person may be able to hide their assets during this process.

Of all these tips, getting the aid of an attorney is by far the most critical. An attorney can ensure you're protected, even when you don't realize you are at risk. At Armstrong, Betker and Schaeffer, PLC, we can fight on your behalf. Contact our office today to learn how we can help you protect your interests during your divorce.