Steps In Resolving Your Divorce
What is the First Step If You Get Served With Divorce Papers?
Whether you have been served with divorce papers or not, you should take the following steps to ensure you can resolve your divorce issues successfully. The first step is to file the divorce papers in the appropriate court.
Filing First
Getting served with divorce papers is a significant step in the divorce process. You'll have to respond in writing to the petition. You'll need a lawyer if you need help with how to respond. It's a good idea to consult with a lawyer before you serve the papers.
When you receive divorce papers, you have about 35 days to respond. The court may issue a default judgment if you cannot respond within this time frame.
You will need to file an Affidavit of Defendant (Form UD-7). This must be served with the Summons and Notice. You must then return the Affidavit within 40 days.
Being served with divorce papers gives you a few benefits. For example, you get the first choice of lawyers in your area. You also have more time to prepare the suit. If you're involved in a high-value divorce case, you may need to hire forensic accountants, financial planners, and psychologists.
Another advantage of filing first is that you'll be in a better position with the judge. If you file first, you will have the opportunity to present your case.
Responding To Initial Divorce Papers
Getting served with divorce papers can be a shock. They can leave a spouse feeling angry and confused. But there are some steps you can take to make sure your divorce is handled properly.
First, you should read through the complaint and understand the other party's request. You can make notes of what you agree with and what you disagree with. You will also have to fill out the forms.
Second, you should respond to specific claims in the complaint. For example, if you believe that the other party is not disclosing all assets or that you are owed child support, you can make a statement supporting your position.
You can also file a counterclaim. A counterclaim outlines the issues you and your spouse disagree about in the divorce. You can state your case in terms of custody, visitation schedules for your children, the division of property, and the need for alimony.
You should also fill out a proof of service form. This form proves that you served the divorce papers. The court will stamp the form, and you will need to keep it.
Changing the Type of Divorce From No-Fault to Fault
Changing the type of divorce from no-fault to fault can make divorce more manageable and cheaper. However, it would help if you weighed the pros and cons of a no-fault divorce before deciding. You should also consult with an experienced divorce attorney if you have questions about the legal process.
In order to file for a no-fault divorce in New York, one spouse must allege that the marriage has irretrievably broken down for six months. The reason for the breakup can be anything from adultery to abandonment.
One spouse must allege that the other has acted irresponsibly to prove fault. These can include behavior that includes adultery, substance abuse, domestic abuse, or cruel treatment.
Proving fault can be expensive, especially when there are multiple issues, such as child custody or the equitable distribution of marital property. However, if you can show that your spouse has behaved in a way that has caused you to abandon your relationship, you may be awarded more of the marital property and alimony.
Dividing Property and Debts
During a divorce, you and your former spouse must work out how to divide property and debts. You can talk to a lawyer or draft a settlement agreement. Once the agreement is finalized, you must fill out a Final Decree of Divorce form.
The court will divide your assets and debts according to state law. Generally, marital property is split 50/50. This is referred to as equitable distribution. The court will consider many factors when deciding the division. Among other things, the judge will consider which party contributed more to the marriage.
Debts accumulated during the marriage are generally shared. The court will then assign each spouse a certain percentage of the total value of the marital property. Debts incurred after the date of separation are not considered marital debts. However, the creditor can still seek payment from the spouse who does not pay.
The best approach is to work with an attorney to determine how to divide property and debts during a divorce. A clear picture of your finances will help you determine how to split assets. You will want to keep records of your spouse's debts and collect documentary evidence.
Divorce Attorney Free Consultation
If you have any questions or in need a Divorce Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
https://www.ascentlawfirm.comDisclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
