After divorce papers are served in an uncontested case, a timely response is filed and served. The parties begin settling their disputes in mediation proceedings or another form of alternative dispute resolution. In contested cases, a response is filed and served, and litigation usually follows. During litigation, the parties may engage in may include requests for orders, discovery requests, and trial.
Contact the Law Office of Elliott Frazier if you are seeking legal representation for a family law matter. If you have questions about divorce proceedings, contact our office to schedule a consultation during which we can discuss the facts of your case.
Responding To A Divorce Petition After The Divorce Papers Are Served
A party typically responds to a divorce petition using a specific form. A respondent may file this response to the divorce petition without requesting a divorce or file it and also request for divorce. The majority of divorce responses also ask for a corresponding request. In some jurisdictions, only one spouse can agree to a divorce and begin the appropriate procedures.
Preliminary Declarations Of Disclosure After Serving Divorce Papers
Preliminary declarations of disclosure are forms the parties must complete. Income and expense declaration and a schedule of assets and debts are two of the most important forms. Jurisdictions may define property as separate property or community property. In some states, most property that the parties acquire after marriage is deemed community property. Parties should not attempt to hide any assets or create false expense declarations.
Importantly, separate property can become marital property by commingling assets. In addition, the increase in value of separate assets during a marriage can become part of the marital estate subject to division.
Settlement Communications After Divorce Papers Are Served
Settlement discussions begin quickly in uncontested divorce cases. The preliminary declarations of disclosure should be exchanged before settlement discussions begin. Settlement discussions may be fruitless until the parties disclose their assets, debts, income, and expenses.
Divorce Judgment After Divorce Papers Are Served
The divorce judgment is the document settling all of the issues and setting forth the terms and conditions of the divorce. Topics like custody, child support, spousal, property, and debt division are finalized under the divorce judgment.
Do I Need An Attorney After Divorce Papers Are Served?
It is in your best interest to retain legal representation as soon as possible after serving divorce papers. It is even better if you retain an attorney before you serve divorce papers.
Discovery After Divorce Papers Are Served In A Contested Case
Discovery is common in contested cases after divorce papers are served. Discovery involves the parties exchanging information. Discovery documents may include the following:
- Notice of depositions
- Requests to the other spouse to admit the genuineness of specific documents
- Requests to the other spouse to admit certain facts as true
- Request to the other spouse to produce certain documents
- Special interrogatories (custom questions)
- Form interrogatories (preprinted questions)
Divorce depositions are proceedings during which one party asks questions =of the other party under oath outside of court and in the presence of a court reporter.
Contact The Law Office Of Elliott Frazier Today
If you are seeking legal representation, contact the Law Office of Elliott Frazier today. You can schedule a consultation during which we can discuss the facts of your case and inform you of the most important aspects of family law cases. Hiring an experienced family law attorney can help you remain composed and objective during proceedings that can be emotionally painful.
What If I Have A Prenuptial Agreement?
The most important issue to address is whether the agreement is valid and enforceable. Either spouse may challenge the validity of a prenuptial agreement. Specific terms in a prenuptial agreement may bring additional issues into your divorce proceedings.
Are Student Loans Considered Community Debt?
Student loan debt is generally deemed to be the separate debt of the party who takes out the loan. If the student loan proceeds were used to obtain property or support a family, the debts might be treated as community debt.
How Are Businesses Divided In A Divorce?
The answer to this question often depends on whether the business was started prior to or during the marriage. Different formulas may be used to determine how a business is divided during a divorce. You may need to consult specialists to help you determine how your business may be divided.