Hiển thị các bài đăng có nhãn petition. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn petition. Hiển thị tất cả bài đăng

Thứ Sáu, 28 tháng 9, 2007

FAQ regarding Divorce # 4: I just got served with Divorce papers, what should I do?

After being served with a Divorce Petition, you become the “Respondent” in the Divorce case. Most lawyers will advise you to immediately obtain an attorney and to not agree to anything and certainly don’t sign anything. If you do not respond in writing, with particular language and within approximately twenty days (actually, by the “Monday next following the expiration of twenty days”), then a Default can be taken against you. At the Default hearing, your spouse will oftentimes receive anything and everything they request in Court.

You should also be aware that many “Waivers of Service” also contain language instructing that the case can be taken up and considered by the Judge without further notice to you. A form containing this language, if signed, could also result in a Default being taken against you with everything going to your spouse. You should review all proposed waivers with caution, since you definitely don’t want this result!

FAQ regarding Divorce # 3: How do I file for a Divorce?

A divorce case is initiated like any other lawsuit with the filing of a legal “pleading.” In the Divorce context, this pleading is the Original Petition for Divorce filed in either a District Court or a County Court with domestic relations jurisdiction. Once filed, this Pleading must be served upon the other spouse, unless the other spouse has voluntarily waived service. The spouse who filed the petition is referred to as the “Petitioner.”

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