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What Should I Do if I’m Served Carlsbad Divorce Papers

On Behalf of | Mar 28, 2022 | Divorce

What should I do if I’m served Carlsbad divorce papers?  While each case is unique, there are general patterns that can help you to know what to expect.  The most important thing you should do is respond!

The first and most important issue is for the person who is served Carlsbad divorce papers to file a timely and appropriate response.  The failure to respond will not stop a divorce action.  It merely puts the non-respondent party in a challenging legal position, especially when children are involved.

It is important to note the Automatic Temporary Restraining Orders or TROs that are on the back of the summons or service.  These orders are established by California law and are designed to preserve and protect the “status quo” and provide specific instructions on prohibited actions that would disturb the status quo and disrupt the lives of children or the marital assets of the couple.
In contested actions, the steps can become more complex.

The response to service is usually followed by the PDDs or Preliminary Declaration of Disclosure.  This lists all known assets, accounts, liabilities and debts that each party is aware of.  Our judges take a dim view on parties that attempt to hide, understate or fail to disclose assets or accounts, and the penalties can be quite harsh.

The next step after you’ve been served Carlsbad divorce papers is to consider filing temporary orders regarding child custody, spousal support, child support and possession of the family home.  The discovery process follows as the attorneys for each side request specific information based upon standard and customized questions for each party.

Once the facts of the case are established, the parties usually begin settlement negotiations.  Areas of disagreement are first negotiated. If an impasse is reached, mediation is an effective alternative strategy to quickly and cost-effectively resolve areas of principled disagreement.  Those issues that cannot be resolved must be presented to the Judge who will ultimate decide for the parties.

It is important to note that your personal control, influence and ultimately satisfaction with results diminishes as you move from negotiation to mediation to litigation.  It is often in your best interests to set emotion aside, and work to resolve areas of disagreement whenever possible.

The next step in the divorce is to resolve all of the issues contained within the separation agreement.  Once the judge has resolved every issue contained within the settlement agreement at trial a divorce can be ordered.  The attorney you select to represent you through your divorce is one of the most important choices you will make.  If you have been served Carlsbad divorce papers you need to respond.  Ignoring the service will only make matters much worse for you.

We invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.