How to Respond to Divorce Papers

If you have been served with papers for divorce, your spouse no longer wants to be in a relationship with you. The divorce papers likely include other claims such as claims for equitable distribution, custody, child support and alimony. You don’t need to agree with your spouse if their demands do not favor you. Speak with a divorce attorney in Monroe, NC. They will advise you on how to respond to divorce papers. 

Responding to a Complaint for Divorce

1.      Read the Complaint Carefully

You should carefully read the complaint for divorce to understand what your spouse wants from the divorce. The complaint only explains their wishes, not the orders of a judge. Write down the things you agree with and those that you do not agree with. Even if you agree on everything in the complaint, you will still need to obtain an order by a judge.

Note that you only have 30 days to file your answer to the divorce complaint. The countdown starts when you have been served. You should contact a Monroe NC divorce attorney as soon as possible after being served to seek assistance in preparing and filing your answer. 

2.      Respond

When responding to a divorce, you need to file these forms;

An answer to the divorce and each additional claim; and 

A Financial Disclosure Form if there are claims for alimony. 

Depending on the facts of your case, it might be necessary to file additional paperwork along with your response. An experienced family law attorney can help you determine what to file. You need to file each one of the forms separately. 

3. File Your Papers

In Person

Once you complete your response to the complaint for divorce, along with all other necessary forms,  you should file them in the office of the Clerk of Superior Court. Understand the time when the offices close and get there before they close. 

By Mail

If you can’t make it to the court, you can mail your forms to the court.

4. File your Response and Serve the Plaintiff

Once you have completed your response, you must serve the response on the plaintiff. Unfortunately, the court does not help you serve your spouse. It is your responsibility to ensure that your spouse is served. 

Why You Need to Hire an Attorney

Divorce can be stressful. It can have drastic effects on your life. You should seek the help of a lawyer as soon as possible. You should have an attorney review the complaint and draft your response even if you agree with the divorce. 

An attorney will help you contest the case if need be. If the other spouse already has an attorney, having your own attorney gives you a  much stronger chance of obtaining a favorable outcome in your divorce

 If you need the help of a divorce attorney in Monroe NC, consider working with Perry, Bundy, Plyler & Long LLP. We have more than 110 years of combined experience. Our attorneys can help you figure out common concerns such as how to respond to divorce papers., how to negotiate for a better settlement, and when and what to file in your case. We help you make informed decisions during the divorce process. Contact us today to book an appointment.

As many of you are probably aware, the Governor has issued a stay at home order beginning today at 5 pm. As an essential business, we will remain open to serve our clients. During this time, many people will face legal challenges and be in need of services regarding issues such as divorce and child custody, estate planning, business law and real estate matters. We are here to help. In order to follow social distancing protocols, we are offering phone and video conferences and innovative solutions to sign your essential documents in a safe manner. We are all going through a difficult time and things are rapidly changing, but Perry, Bundy, Plyler & Long remains here for you.