Divorce Law FAQ: How do I respond to divorce papers?
The Answers You Need from a Divorce Attorney Austin, TX Locals Turn to for Help
If you have been served divorce papers, you my benefit from speaking with a divorce attorney in Austin, TX from The Law Offices of Ryan S. Dougay during a free consultation. You may also find the following general information helpful to learn what you should do after being served divorce papers.
How do I respond to divorce papers?
Being served divorce papers can provoke an immense range of emotions making it difficult for you to think clearly and understand what to do next. You might even think about avoiding the situation altogether; however, an experienced divorce attorney in Austin, TX such as Ryan S. Dougay can make all the difference.
Ignoring the divorce papers will not make the situation go away. After you have been served, you will have a limited amount of time in which to respond. This is usually between 15 and 30 days. If you fail to respond in time, a court could immediately default against you and give your spouse everything he or she wants. The truth of the situation is that you should respond to your divorce papers as soon as possible. Whether or not your spouse has already hired a lawyer, you may be best served by working with a divorce attorney in Austin, TX from The Law Offices of Ryan S. Dougay.
1. Read the Complaint for the Divorce
Once you have been served divorce papers, take the time to read them and understand why your spouse is seeking a divorce. Keep in mind that the papers are not an order. They simply state why your spouse wants a divorce and what he or she is asking for in terms of the distribution of assets and other concerns. You can agree or disagree with some or all that is included in the decree.
In fact, you may want to take notes of what you agree or disagree with in the decree.
- If you agree with everything, the process may go smoothly and you might avoid filing your own divorce papers.
- If you do absolutely nothing, your spouse will likely get a divorce decree that grants them everything they want.
- If you disagree with some or all of the complaint, you may need to file your own paperwork.
QUICK TIP: If you are an active military personnel, you may be able to file special paperwork that prevents you from actively participating in the divorce case. A divorce attorney in Austin, TX can explain this to you during a consultation.
2. Comply with All Deadlines
After you are served divorce papers, you will need to file a response by the deadline. If you’re unable to meet this deadline, your divorce attorney in Austin, TX can ask the judge to extend this timeframe. If you’ve already missed the deadline and have defaulted, your lawyer may be able to ask the judge to set aside the default.
3. Responding to the Divorce Papers
There are different forms to file depending on how you will respond to the divorce. Your divorce attorney in Austin, TX can clarify what you must do. It may include any of the following:
- Your response to the divorce.
- A counterclaim (when applicable) to the divorce.
- A financial disclosure form.
- Joint preliminary injunction form (when applicable).
These forms must be filled out correctly. If you don’t understand which documents you should file, consult Ryan S. Dougay of The Law Offices of Ryan S. Dougay and he can help you with this process.
4. Filing Your Divorce Papers
Once you have completed the forms, you will need to file them with the family court. There may be various fees to pay during the filing process. If you cannot afford these fees, you may be able to ask the court to waive them. Contact The Law Offices of Ryan S. Dougay if you would like assistance with any of the aforementioned.
5. Serving the Plaintiff
Once all of the above steps have been completed, copies of these forms should be sent to your spouse. Ryan S. Dougay can explain how to serve your spouse the papers when you talk to him about your divorce proceedings.
Call a Divorce Attorney Austin, TX Respects
To schedule a consultation with Ryan S. Dougay, a skilled divorce attorney in Austin, TX, call him today.