My Spouse Wants a Divorce - I've Been Served with a Petition for Dissolution, What do I do Now?

If you have been served with a petition for dissolution of your marriage(divorce), you are likely wondering what you need to do.  It is imperative that you respond to the petition in a timely manner and that your response is filed and served properly.  Otherwise, you will be at risk of being defaulted.  This means that the petitioner may obtain orders in your absence (a Default Judgment); and they will likely be unfair orders.  It is imperative to take a proactive approach in any litigation you are involved in.  In addition to properly filing a response, you may want to pursue temporary orders to address issues while the divorce process occurs.  This is especially important if you need temporary child custody and child support orders, spousal support orders, exclusive use and possession of the home you and your spouse live in, and order for any other issue that must be addressed promptly.  To obtain these orders an Order to Show Cause  request must be filed with the court.   

  A divorce will ultimately result in final orders set forth in a Judgment.  These orders will dissolve the marriage and the issues related to the marriage.  These issues include child custody, child support, spousal support, division of the marital assets and debts and many other issues.  The paperwork filed with the court must be prepared properly, filed timely and served in the correct manner.  In addition the discovery process may be initiated to investigate the existence and value of assets, debts, the opposing party's income and compensation and to uncover the opposing party's position regarding the issues, among other things.

It is critical to avoid a passive, "wait and see," approach in a dissolution.  Do not rely on the opposing party's advice on what you are entitled to.  Also, keep in mind that if your spouse has an attorney, that lawyer is advocating for your spouse and only your spouse.  The best approach is to immediately consult with an attorney.  If you feel comfortable with that attorney, he or she can help you get through this difficult time.  An attorney will make sure your documents are prepared properly and filed and served in a timely manner.  Most importantly, you will be advised as to your rights and what you are entitled to.  You make the decisions; however you should be well informed throughout the process.

Our attorneys are passionate about family law and dedicated to making sure our clients feel like they have an aggressive team of advocates on their side.  It is important not to feel alone during the emotionally charged and stressful divorce process.

Lance Claery, Partner
Attorney at Law
Claery & Green, LLP