If your spouse just filed for divorce and you were served, you may feel caught off guard and nervous about what this means for the overall case. In most situations, being the “defendant” in a divorce case has no impact on the final division of property or allocation of parental rights and responsibilities in the divorce case.
What Should You Look For In Divorce Papers?
You must read the documentation you receive carefully. There may be temporary orders that you need to comply with immediately. When the initial complaint for divorce is filed some courts issue temporary orders with or without a hearing to determine how property is used or parenting rights allocated during the case. If the orders are issued without a hearing, you still have the opportunity to ask the court to modify the orders once you respond to the divorce complaint. Alternatively, if the court has not yet issued temporary orders, you will have just 14 days once served to respond to the other parties’ requests before the court issues a temporary order.
How Should You Respond To Temporary Orders And Deadlines?
Even if the other party does not make any requests for temporary orders, being served with a complaint for divorce triggers a 28-day timeline for the defendant to respond. If you miss certain deadlines initially in the divorce, including the response to temporary orders requests of deadlines to exchange mandatory information, it can have a lasting impact on your case. It is important to consult with an attorney as soon as possible following your receipt of the complaint for divorce to ensure you don’t overlook any deadlines.