teens with legal issues

Being told that your partner wants a divorce may come as a shock, even if you felt the marriage wasn't in the best of shape anyhow. It's important to understand what your rights are before you agree to anything. Let's take a look at what you need to know before you respond to a petition for divorce.

Was the Paperwork Handled Properly?

The process of divorce begins with the filing of a petition by one of the two spouses in a marriage. Paperwork has to be filed in one of the counties where either of the spouses is a resident, and then a judge has to grant the petition. The party seeking a divorce must then serve the other partner with the paperwork, meaning the documents must be placed physically in their possession. As long as this was all handled properly, the divorce process has been initiated.

Responding

One of the most expeditious ways to end a marriage is for you to just sign off on the papers at this point. However, you'll likely want to have a divorce lawyer take a look at the documents, even if you're inclined to agree to everything contained within them.

You will have 30 days to provide a response of some kind. Even if you agree in general to a divorce, you have the right to present responses regarding specific bones of contention within the divorce paperwork. Anything you feel that needs to be litigated should be included in your initial response and filed within the 30-day deadline.

Default Judgments

If the respondent, the spouse who received papers, does not provide a response within 30 days, the party filing for divorce can ask the court to enter a default judgment. Most judges want to hear from both sides in these cases, so there's a chance that a default judgment will not be entered as long as you have good cause for having not responded in a timely manner. Typically, the court prefers to hear time-constrained claims about why a response wasn't filed, such as having difficulty obtaining counsel or that paperwork wasn't served in a timely manner.

Finalizing the Divorce

Assets and liabilities have to be divided up before a divorce can be finalized. Responsibilities may need to be assigned, too, if there are children involved. Regardless of whether both parties have signed off, it's not considered final until the court enters a judgment.