When it comes to receiving divorce papers and proceeding in a divorce lawsuit, it is important to note that divorce proceedings are often costly and complicated legal matters. As such, if you have received divorce papers, you should understand the steps that you must take immediately, as well as the overall divorce process. Understanding this will be important in order to ensure that your legal rights are protected.
First and foremost, when you receive divorce paperwork, you have two options: hire an attorney to assist you in the divorce proceedings, or handle the paperwork and the divorce proceedings yourself.
It is important to note that legally speaking, you do not have to hire a lawyer to answer divorce paperwork or represent you. This is because you are constitutionally allowed to handle any legal proceeding on your own. However, if you choose to respond to divorce papers without an attorney you must be organized.
This means that you will have to understand the legal rules of civil law and procedure, the local rules of your court, and the deadlines that you must meet when responding to divorce paperwork. The following article explores how an individual can respond to divorce papers without an attorney.
What Is the First Step to Responding to Divorce Papers Without an Attorney?
First and foremost, you should always completely read all of the divorce paperwork that you receive. In general, this will include a divorce petition which outlines all of the legal claims being made against you.
Other important information contained in a divorce petition that you should make note of include:
- What court your spouse filed for divorce in
- How much time you have to respond, i.e. your deadline for filing an answer to the claims made in the divorce petition
- What you’re required to do after receiving the divorce paperwork
- In general, there will be an order from your local court attached to the back of the divorce petition that specifies what you can and cannot do once a divorce has been filed against you, such as not moving money from bank accounts, etc.
- What your spouse is asking for, such as whether or not they are seeking to exclude you from property, seeking to be awarded certain property or assets, or seeking custody or child support in the case of children being present
It is extremely important that you understand all the information constrained in the initial divorce petition or complaint and that you do not miss your deadline to respond. If you do not make an appearance or miss your deadline to respond, then your spouse may seek a default judgment and be awarded everything they were seeking.
Is It Important Where the Divorce Petition Is Filed?
As mentioned above, one of the most important pieces of information contained in divorce papers that you receive is information regarding where the divorce petition was filed. When it comes to a divorce proceeding, determining what court has jurisdiction over your case is important.
Jurisdiction is the legal term that describes a court’s authority to hear your case. In general, only courts where you or your spouse have lived for several months will have jurisdiction to hear your divorce case.
This means that if your spouse has moved, you may wish to file a divorce petition first in the jurisdiction in which you reside in order to ensure that you keep the jurisdiction with your local court.
Often, in divorce cases where one spouse has left the marital home, traveling between the court where your spouse files for divorce and your home can be costly. If you believe that your spouse filed for divorce in the wrong court, you should either: secure jurisdiction for divorce proceedings near you prior to your spouse gaining jurisdiction in a new location, or contest the jurisdiction of the court where the divorce paperwork was filed.
For example, if your spouse leaves the marital home and goes back home to her parents in another state, and immediately files for divorce in that state, you may contest the jurisdiction of that court and instead choose to file for divorce in your local court.
What Are Common Rules That Must Be Followed In a Divorce Proceeding?
As mentioned above, once a divorce proceeding has begun, both spouses are generally subject to certain temporary injunctions based on an order of the local court. These local court orders may differ from one court to another, but they often require the parties in a case to refrain from certain activities or to start engaging in certain activities.
For example, a local court order for all participants in a divorce proceeding may include injunctions, such as:
- An order not to sell or transfer any marital property, such as vehicles or homes
- An order not to harass the other spouse
- An order to keep paying insurance, such as health insurance, property insurance, or any other types of coverages that affect parties to the divorce, such as the other spouse or children
- An order not to remove property or to remove children of the marriage from a specified location or state
- An order not to undertake any additional debt
It is important to note that a failure to follow the temporary injunctions of the family law court could result in civil fines, criminal fines, or even a less favorable result for you in the divorce proceedings. As such, it is important to fully comply with any temporary injunctions set forth by the court in which the divorce proceedings commenced.
Why Is It Important to Understand the Claims and Demands Present in Divorce Paperwork?
Although it may seem obvious, it is very important to carefully read and understand the claims and demands that are present in divorce paperwork. This is because the claims and demands will be a main factor in determining whether or not you are in agreement with the divorce petition or complaint.
For example, a divorce based on irreconcilable differences that makes a demand for a just and fair division of marital property may be more agreeable to a divorce that claims adultery or abuse and calls for an unfair division of marital property based on that claim.
In some cases, you may be in complete agreement with the demands and claims that are made in the divorce petition. However, it is still important to answer and make an appearance in the case in order to ensure that you continue to be notified of actions in the proceeding.
If you do not timely answer the petition or make an appearance, then the other spouse can often proceed without you, so long as they demonstrate to the court that you were properly served.
The most common demands that are present in divorce petitions include:
- Requests for a court order regarding temporary or permanent spousal support
- Orders regarding the division of marital property and assets
- A request for attorney fees
- A request for child support
- Orders regarding the division of debts
- Requests for child custody
Additionally, there may also be a request for other temporary orders, such as a request for restraining order or for one spouse to be excluded from the marital home. As such, it is important to fully read the divorce paperwork.
What Are the Next Steps to Responding to Divorce Papers?
After reading the divorce paperwork thoroughly, the next steps in responding to divorce papers include contacting the court clerk in the court where the divorce was filed. If you do not want an attorney to help you with responding to divorce papers, the court clerk is often a great resource for answering many of your basic questions. They can often guide you to documents present on the local court’s website that may assist you in responding to the divorce paperwork.
Next, you should then gather all of the information that you may need to properly respond to the divorce paperwork. Examples of common evidence that you may need in a divorce matter, include:
- Bank statements
- Employment records and pay stubs
- Tax returns for the prior two years
- Medical records
- Any other relevant financial statements, such as stock, bond, or crypto information
- Property leases or deeds
- School records, such as your own records if you are in school or children’s school records
- Title information, such as property or car titles
- Any other financial agreements that were executed by you or your spouse, such as vehicle loans, or loans for other items
After gathering all of the necessary evidence, you can then fully respond to the divorce petition. Once again, a template for a proper answer can often be found on the local court’s webpage. Other places where you can find a template include your state bar’s website.
You will then need to properly file and serve your response. This means you will need to either electronically file or file in person your answer with the clerk of the court. Then you will need to have that document served on your spouse’s attorney, if your spouse has a lawyer, as well as anyone else involved in the case.
If your spouse doesn’t have a lawyer, you need to deliver your response directly to your spouse and anyone else involved. The court will be able to help provide guidance regarding what constitutes proper service. Often, you may mail or hand-deliver your response. However, many people in divorce proceedings choose to hire a sheriff or professional process server to deliver their paperwork.
Do I Need an Attorney for Help With Responding to Divorce Paperwork?
As can be seen, there are many issues that are involved in a typical divorce proceeding. As such, if you have been served with divorce paperwork, you may wish to consult with an experienced divorce lawyer.
LegalMatch can assist you in setting up an initial consultation with a family lawyer in your area. An experienced family law attorney will be able to help you determine your best course of legal action, and ensure that you properly and timely respond to any divorce paperwork you received. They can also ensure that your rights are protected throughout the divorce proceedings.
Additionally, an attorney may also help you reduce the overall costs of your divorce by helping you navigate the more complicated procedures of a divorce and assisting you with drafting a final decree of divorce. In other words, just because you start a divorce on your own, does not mean that you must finalize the divorce on your own.
An attorney will also be able to ensure that you have full access to all of the documentation necessary to make informed decisions regarding the divorce and division of your marital assets. This includes helping you understand and review any final order prior to the court signing off on it. Finally, an attorney can also represent you in court, if necessary.
