4 Ways To Respond When You’re Served Divorce Papers

You’ve been served with divorce papers; your spouse wants to end your marriage. You may or may not have known the papers were coming, but you have to react to them now. Read through everything carefully. The papers will include the division of assets and liabilities and the proposed legal and physical child custody, child support and alimony payments your spouse is requesting. You have a few options on how to respond — or not respond — to these papers.

1. Do Nothing

If you decide you don’t want to respond to the papers, or if you agree with everything your spouse is asking for, you can just ignore the papers entirely. Doing nothing means you are defaulting, and giving up your right to participate in the divorce. A divorce lawyer in Alameda County, CA, such as Attorney Bernie, can advise you whether the judge is likely to grant everything your spouse is asking for or not, giving you the information you need to decide whether to default or not.

2. Default in Agreement

In this type of default, you have already hashed out all the details of your divorce with your partner, and you’ve had a notary witness your signatures on a written statement of  your mutual decisions. You still may want to consult a divorce lawyer in Alameda County, CA to make sure you aren’t giving away too much in this agreement.

3. File a Response in Agreement

In this case, you’re still getting that notarized written statement with the decisions you and your spouse have made concerning your assets and liabilities, alimony, legal and physical child custody and child support payments. But you’re filing a response in court stating your agreement. This is an uncontested divorce, meaning you and your spouse see eye to eye on everything.

4. File a Response in Disagreement

You’re definitely going to want a divorce lawyer in Alameda County, CA, such as Attorney Bernie, on your side in this contested divorce. You disagree with what your spouse is asking for, and you file papers saying so. You might disagree with just some of the things your spouse is asking for, or you may disagree on everything. Either way, you could end up in court with the judge deciding for you. You should keep in mind that mediation might be helpful for the two of you to try to hash things out on your own.