If you’ve been served with a divorce petition and the other party has yet to respond, you have two options. You can serve the divorce petition without service or dispense with service. In either case, you need to submit the answer to the divorce petition within 21 days of the date of acknowledgement of service. Whether you use an online filing system or print out a paper copy, you’ll need to submit it by the 10th June.
If the plaintiff has filed divorce papers, the process begins with serving the other spouse, called the respondent. If the other party doesn’t respond within forty days, the divorce proceeding moves on. If the divorce is final, the defendant must file an Affidavit of Service proving that they received the divorce papers in the proper manner. Then, if there is no dispute, the divorce can proceed to the calendaring stage. The process may be concluded in a matter of months or years.
While divorce proceedings are typically private, they can sometimes be referred to in the press. Often, conditions of a divorce can change after the court has granted it. For example, one spouse may have to move to a different area or remarry. These events may change spousal support and require a new agreement. If the other spouse doesn’t agree, hearings or trials may be necessary. The process will be different in each jurisdiction, but there are steps you can take to ensure that the divorce proceeding proceeds smoothly.
Regardless of how much property each spouse owns, they should keep separate property. The Uniform Marriage and Divorce Act (UMDA) has guidelines to help couples divide their assets fairly. This is especially important if one of the spouses is a high earner and the other is a lower earner. Otherwise, a court might not give a fair share of the assets. In either case, you should consult with a divorce lawyer and ask for advice from a divorce attorney.
In New York, divorce proceedings are initiated with a “Summons with Notice.” The divorce petition is served with a complaint. If a spouse refuses to sign the complaint, he or she can withdraw the divorce petition without responding to the summons. The petition may be filed in a state where the divorce is expedited. If you cannot wait that long, you can simply file a motion for divorce and avoid the costs associated with it.
The other alternative to divorce proceedings is to withdraw from the divorce altogether. If you do not want to file the divorce, you may want to consult a lawyer who specializes in family law. Darren M. Shapiro, an attorney with extensive experience in family law, is a qualified mediator and highly experienced divorce lawyer. Divorce proceedings do not always end in the way you hope. Sometimes, the couple decides to stop the divorce proceedings midway through the process.