Going through a divorce is never easy. The separation could lead to financial losses, parental rights, and property loss. Hence, a prompt reaction after receiving divorce papers could significantly protect your legal rights and your future.
“Do not waste any time after you have received divorce papers, or you may not have enough time or resources to meet the deadlines, hire a lawyer and get your affairs for the proceedings,” says Attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Here are six things to do after receiving divorce papers to ensure a smooth process.
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Carefully Read Through the Papers
After being served divorce papers, the first and most crucial step is to read them carefully. These documents contain information about where your spouse filed the divorce. In addition, divorce papers will also include essential deadlines by which you have to respond, specific summons, and other considerations, like if your spouse had hired a lawyer.
Divorce papers also specify the type of divorce, the grounds for divorce, and requests from your spouse on child support, spousal support, child custody, and property division. It is important to note that the elements of divorce papers will vary depending on the state. In some states, they may contain restraining orders. Thus, it is vital to read the papers in their entirety to know exactly what you are facing.
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Hire an Experienced Divorce Attorney
Having legal counsel when going through a divorce is critical. Whether in agreement with the allegations served, it is crucial to have an attorney review the documents and advise on the way forward.
If your spouse already has a lawyer, you will need one. Lawyers will help explain your rights and responsibilities, advise on your legal options, handle the legal proceedings, represent you in court during property division and child custody, and ensure the process runs smoothly. They will also help you respond to the divorce serving before the deadline.
You might not need a lawyer if you and your spouse have no children or property to share, or do not desire to request alimony. If you are not in a position to hire a full-time lawyer during the divorce proceedings, you can hire them to file a response and court representation.
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Provide a Response
Once you receive the divorce papers, you are required to respond to the petition for divorce. Usually, a period of 30 days from the day your spouse served you is allocated, but the exact time will be specified in the summon. Failure to meet this deadline could lead to your exclusion from the subsequent proceedings. Should this happen, your spouse will receive everything requested in the divorce documents. It is wise to provide your response to the summon through your attorney. However, if you do not have one, you can still respond on your own. In your answer, you must respond to each request; thus, you cannot provide a general response.
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Gather Documents
After responding, you must collect all the information and documents needed in court. This includes identification documents like social security cards, birth certificates, and marriage certificates. Moreover, financial documents are vital in demonstrating how payments will be made and proving asset ownership. Bank statements, credit card statements, tax returns, pay stubs, and account information on investment and retirement accounts are valuable during this stage. These documents will clarify property ownership, household income, assets, and debts. Ensure that the records you provide are accurate and complete to facilitate the smooth running of the following stages.
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Protect Your Possessions
Depending on the jurisdiction, the court may freeze your assets as soon as your partner files a divorce petition. However, you can open a bank account in your name and have your paychecks rerouted to it. You cannot transfer assets in joint accounts. However, depending on state laws, you might be able to move half of the amount. Finally, check your financial well-being to ensure all debts are in check.
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Protect Confidential Information
If you live in the same location as your spouse, rerouting all your mail during the divorce period may be wise. This action will protect any information and documents conveyed between you, your legal team, and the court. Ensure that communication between you and your lawyer is confidential. No unauthorized third parties should know of the strategies laid in place to counteract any claims.
Conclusion
It is no secret that divorces are hectic. Whether you were expecting it or not, you need to respond immediately to ensure you meet all critical deadlines. Ignoring this will only put you at a disadvantage during the subsequent stages.
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