What To Expect In Your Divorce Papers
The contents of divorce papers are important, and you shouldn't dismiss them. Below are some of the things to expect if your spouse serves you with divorce papers.
Complaint
The divorce complaint introduces your marriage and case to the judge. The complaint contains various details, such as:
- Your names
- Your address
- Your children
- Your requests to the judge
For example, the complaint will mention whether your partner wants spousal support, their preferred child custody arrangement, and whether they want the judge to divide your marital assets.
Summons
The divorce summons is the official notification that your spouse has filed for divorce. The summons typically specifies how long you have to respond to your spouse's allegations. Ensure you respond before the deadline — otherwise, your spouse will get whatever they asked for (unless it's illegal or unreasonably excessive). The summons may also specify the date for the first court appearance.
Temporary Orders
A divorce can take anywhere from a few months to a few years. Even the shortest divorce, however, might be too long if there are pressing issues between you. For example, you may need spousal support, child support, and child custody arrangements even a few days after separation but before you finalize the divorce. Your spouse can ask the court to make temporary rulings on such matters by filing motions for temporary orders.
Ex Parte Orders
Ex parte orders are emergency orders that are even more urgent than temporary orders. Consider an example of a spouse who has accused you (even if wrongly) of domestic violence. That spouse might file an ex parte order for a restraining order that requires you to avoid all contacts with them.
Courts can grant ex parte orders without hearings. Therefore, the ex parte order in your divorce papers might already be in effect by the time you receive the papers. Most jurisdictions give you a limited time to dispute ex parte orders, but the orders will still be in effect pending the dispute.
UCCJEA
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) prevents parents from shopping for a jurisdiction that favors their child custody views during a divorce. The UCCJEA determines child custody jurisdiction. The act also helps to enforce the child custody determination in other states that have adopted the act. You will only get the UCCJEA document if you have minor children with your spouse.
Consult a divorce attorney as soon as possible once you receive the divorce papers. The attorney will help you understand what your partner is demanding and how you should respond to the papers. Visit websites like http://gomezmaylaw.com/ to learn more.
