Getting served with divorce papers can be a stressful experience. We understand that you are likely experiencing a whirlwind of emotions and plenty of other difficulties. That is why we want to assist you right now. Our Nassau County divorce lawyers can help you respond to the papers and argue for better terms in your divorce.
What Should I Do First After Being Served Divorce Papers?
After you have been served with divorce papers, you should respond so that you can have a seat at the table when the terms of the divorce are being decided. We recommend that you:
Read over everything carefully
The divorce petition and summons will include important deadlines that you must meet, as well as information regarding the requests of your spouse and the grounds on which they are filing.
Respond Within the Legal Deadline
In New York, those served with a divorce petition typically have 20 days to file a response to the petition. If you are served out of state, this increases to 30 days. Regardless, ensuring you file a response in time is critical to ensuring that you can protect your rights.
Organize Important Documents
Divorce in Bohemia is a very document-heavy process. As such, you should gather:
- Financial records
- Bank statements
- Real estate titles
- Joint account statements
- Information regarding shared debts
- Previous tax-returns
- Paystubs
- Communications between you and your spouse
Why Hiring a Divorce Lawyer Early Is Critical
Because you only have 20 days from the date on which you are served to respond to the divorce petition, it’s critical to ensure that you connect with legal representation early. Your attorney can help determine whether your case will be contested or uncontested, which is crucial to shaping the legal strategy they will use to help you fight for the best possible outcome for your circumstances.
What Happens if You Ignore or Do Not Respond to Divorce Papers?
If you do nothing after receiving divorce papers, the process simply goes on without you. The court can issue a default judgment, which basically just means that they are taking your spouse at their word and giving them what they have asked for in the divorce. As such, property division, alimony, custody, and child support may all be decided without your input.
In the event you still do not respond once a default judgment has been ordered, such as failing to pay support, the court can take further action, like garnishing your wages or holding you in contempt of court.
What Should I Avoid Doing If I Have Been Served Divorce Papers?
Being served with divorce papers can be an incredibly emotional time, as you may feel hurt, betrayed, or angry with your spouse. While these are all normal feelings, acting on them can have negative impacts on the outcome of your case.
Venting Indiscriminately
This is a stressful time, but venting to everybody you know about this is generally ill-advised. If someone were friends with you and your spouse, you are just creating an unpleasant situation for everyone. Try talking to some particularly close friends you know you can rely on.
Badmouthing Your Spouse
Talking badly about your spouse can seem cathartic. However, speaking publicly about your divorce can negatively impact the outcome of this process. As such, you should avoid speaking negatively about your spouse in front of others, and especially refrain from publicly bashing them on social media.
Talking About Your Spouse In Front Of Your Children
Your children do not need to be brought into this. Just do your best to protect them at every stage of this process and stay as positive as you can. It is likely that they will remember how you behaved during this time.
Actions That Can Hurt Your Case
In addition to avoiding emotional outburts, you should also avoid the following, as these can negatively impact your case proceedings:
- Ignoring deadlines
- Refusing to communicate
- Reacting emotionally during negotiations
- Hiding assets out of revenge or to punish your spouse
- Refusing to abide by temporary custody orders
What Is a Contested vs. Uncontested Divorce?
When your spouse files for divorce, they will request matters related to alimony, property division, and child custody. These matters are referred to as relief. In the event you agree with their requests, your divorce will be considered uncontested. This means that you do not need to mediate, negotiate, or litigate your divorce.
When a Divorce Is Contested
Generally, a divorce is considered contested when:
- You disagree on the grounds that your spouse has filed on
- You disagree with the relief sought
Understanding when a divorce is contested is critical, as this process is often more involved and generally requires court hearings, discovery, and in some cases, a trial in front of a judge.
How an Attorney Protects Your Interests
Working with a Suffolk County divorce attorney is critical when filing for divorce. This is a complex financial, legal, and emotional matter, so ensuring you have someone who can help you navigate this process is vital to protecting your best interests.
Legal Representation Can Assist With
- File relevant paperwork before deadlines expire
- Request documents from your spouse and their lawyer
- Make copies of documents and send them to your spouse’s attorney
- Negotiating with your spouse
- Filing motions with the court
- Answer any questions you have
- Developing a strategy for child custody, property distribution, and alimony
You have a lot to deal with after being served with divorce papers. Let us take some of the work off your hands.
Schedule Your Consultation With Our Family Law Firm
You do not need to go through this process alone. Let one of our experienced divorce attorneys guide you through this and help you fight for the best possible outcomes. Call Peter V. Mandi & Associates, Inc. and schedule a consultation today. We would love to tell you more about how we can be of service to you. Contact us today to learn more.
