Some spouses mutually file for divorce. They negotiate arrangements with each other ahead of time and then cooperatively initiate the legal process. Many times, one spouse files without previously discussing the matter with their spouse.
Individuals often feel panicked and angry when they receive service with divorce paperwork. The petition and summons provided by the process server are part of the legal divorce process. The spouse who files must provide formal notice to the other spouse.
Frequently, people let their intense feelings about a surprise divorce filing undermine their rights during the divorce process. One common mistake can leave the spouse who doesn’t file at a distinct disadvantage.
Ignoring legal service is a dangerous choice
People feeling overwhelmed by a potential divorce and all that it entails may not want to think about the issue quite yet. In fact, they may fall into a depressive funk, withdrawing from their relationships and ignoring the matter entirely.
Ignoring service with divorce documents can be a very expensive mistake. The responding spouse typically only has 30 days to respond to the divorce filing. They can counter initial proposals made by their spouse and suggest more appropriate terms.
The initial documents usually contain specific terms related to property division, financial support and child custody if necessary. Particularly in high-asset marriages where spouses have enjoyed a comfortable standard of living, the person filing could propose very uneven terms that do not align with state statutes regarding community property and parental rights.
If the spouse served with documents does not quickly take action, they may not be able to counter the terms proposed by the spouse who filed. Instead, they may end up moving forward with a divorce by default where the terms proposed in the initial petition are what the courts eventually integrate into the final divorce decrees.
The best response is to get immediate help. Although many people do not know quite how to handle an unexpected divorce petition and summons, they can hire someone who does understand. Seeking out the support of a family law attorney to respond to divorce paperwork helps prevent a default divorce scenario.
Embracing a proactive response, instead of sinking into depression and doing nothing, is particularly important in divorces involving high-value assets and a complex marital estate and/or minor children. Individuals who respond assertively after service with divorce paperwork can avoid a scenario in which they have no say over the terms set by the courts.