I’ve Been Served with Divorce Papers. What Now

I’ve Been Served with Divorce Papers. What Now?

Maybe you were expecting it. Maybe it was a complete surprise. Either way, being served with divorce papers is a wakeup call for most people. This is not the time to sit and lament the end of your marriage, however. Once you have the divorce papers in your hands, the clock starts ticking.

You’ll Need to Read Carefully

The divorce papers you just received are important to your future. Take some time to review them, paying attention to the details. You may be able to figure out what your spouse wants to get from the divorce.

Reflect on Your Situation

Start thinking about your marriage and especially how you would like to proceed. Would you like to try to save your marriage, or is it time to move on? If you have children, how will you help them handle the new state of affairs? However, don’t take too much time. You need to respond within 30 days from the date you were served with divorce papers.

Then File a Response … or Not

Most people do something in response to being served with divorce papers. You have four basic options:
  • Don’t file any response. However, your spouse or domestic partner may get everything he or she wants. This is called a “true default.”
  • Prepare a written, notarized agreement signed by you and your spouse. When divorcing partners agree on everything, you may be able to submit this agreement in lieu of filing a formal response. Courts may call this a “default with agreement” case.
  • File a response and prepare a written agreement. This type of case is considered uncontested since you and your partner agree on all issues.
  • File a response that disagrees with some or all of your spouse’s assertions and requests. This is truly a “contested” case. The court may decide any issues that remain unresolved, including property division, child custody, and spousal support.
Divorce cases can be very complicated. You may need some help navigating the system and protecting your rights.

Served with Divorce Papers? Take Action

You don’t have to go through this alone. The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of legal separations and divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
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