By: Valerie E. Anias, Esq.<\/p>\n
Most people are not surprised when they are served with divorce<\/a> papers.\u00a0 But what do you do when you are served?\u00a0 What if your spouse has an attorney and you don\u2019t?\u00a0 What if you don\u2019t want the divorce?\u00a0 What if you don\u2019t agree with the reasons your spouse has listed for the divorce?\u00a0 On this week\u2019s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to help you know what to do next!<\/p>\n Many people feel that being the Plaintiff or Defendant matters.\u00a0 Truth is, it doesn\u2019t.\u00a0 There are benefits to both.\u00a0 Just because your spouse served you with divorce papers does not mean that they may not be at fault for the divorce or that they\u2019re automatically in a superior position.\u00a0 All this means is that they will be presenting their case first.\u00a0 And, don’t worry.\u00a0 You’ll present your case next!<\/p>\n What have you been served with?\u00a0 You will have a summons.\u00a0 That is the paper that orders the Plaintiff to serve you.\u00a0 You will also have a copy of the pleading filed.\u00a0 That is the Complaint for divorce and their request for relief.\u00a0 This may include child support<\/a>, custody, alimony, division of marital property, etc.\u00a0 You will also receive a copy of their Domestic Case Information Report which is simply a cover letter identifying the parties and type of action.<\/p>\n Now what?\u00a0 After you have been served you will have 30 days (or 60 days if you’re out of state) to file an answer.\u00a0 This is important because if you fail to file an answer the Plaintiff can file a Motion for Default.\u00a0 If the Motion is granted and you are found in Default, the Court may award all of the relief directly to the Plaintiff without giving you an opportunity to present your case.\u00a0 Don’t let this happen.\u00a0 You should always respond to Court documents!<\/p>\n You can also file a Counter-Complaint.\u00a0 Perhaps the Plaintiff\u2019s complaint fails to state that they had been cheating on you, for example.\u00a0 You may want to file a Counter-Complaint alleging adultery, for example.\u00a0 A procedural benefit of filing a Counter-Complaint is that if the Plaintiff decides they no longer want to pursue the case but you still do, your Counter-Complaint will keep the case moving forward.<\/p>\n Once the Complaint has been served and you’ve filed your answer, the Court will schedule a hearing to get the status of the case and schedule the important dates for the rest of the case.<\/p>\n