Getting divorced is often overwhelming and emotional, especially if it comes out of the blue. If your spouse filed for divorce unexpectedly it is important that you remain calm and learn about your legal rights and options. Understanding what next steps to take can help you be prepared for the rest of the process. Contact a Suffolk County divorce attorney to set up a free consultation today.
What Should I Do if My Spouse Unexpectedly Files for Divorce?
If you are unexpectedly served with divorce papers from your spouse, consider the following recommended steps.
- Stay calm: If you were not expecting your spouse to file for divorce you are likely feeling some combination of shocked, overwhelmed, sad, angry, and everything in between. It is important that you remain calm and evaluate the situation with a neutral demeanor. Lean on friends and family or work with a therapist to help process your emotions.
- Read the complaint: It is important that you understand your rights and what is being asked of you. Read the summons and complaint carefully to learn about the details like how long you have to respond, the grounds your spouse is filing under, their requests for asset distribution, child custody, and more.
- Talk to your spouse: If the divorce is coming as a shock to you then there is likely a deeper issue at hand. Take the time to discuss the situation with your spouse and listen to their reasoning. The conversation could lead to a reconciliation or an agreement to seek couples counseling. Or, it will simply serve to help you understand why they are filing.
- Consult a lawyer: Once you have a better understanding of what is going on, you should obtain representation from a skilled attorney. It is crucial to have skilled representation during the divorce process. Your lawyer will help you understand your rights and responsibilities as well as guide you through the process.
- File a response: After learning about your rights and obligations during a divorce, file a response to the divorce papers. Failing to do so can give your spouse the green light to move forward with an uncontested divorce. You can either agree to or contest each topic addressed in the divorce.
During the process of divorce, you will work with your attorney to gather and present evidence and negotiate for your desired outcome.
How Long Do I Have to Respond to Divorce Papers?
When facing any legal matter it is crucial that you abide by all regulations and adhere to proper procedures. In New York, after being served with divorce papers you have 20 days to file a formal response.
For more information on the expectations of the divorce process, set up a free consultation at Peter V. Mandi & Associates, Inc. today.
