What happens after divorce papers are served?

Serving divorce papers to a spouse is a significant step in the dissolution of a marriage, marking the formal beginning of the legal process. However, what happens after serving divorce papers can vary depending on several factors, including the response of the served spouse, the jurisdiction’s laws, and the specific circumstances of the divorce. Keep reading to learn more about the typical steps and considerations that follow the service of divorce papers.

Acknowledgment of receipt

Once the divorce papers, also known as the petition or summons, are served to the spouse, they must acknowledge receipt. This acknowledgment typically involves signing a document, such as an acknowledgment of service or a waiver of service, confirming that they have received the papers. In some cases, the serving process may involve a third party, such as a process server or sheriff, who provides proof of service to the court.

Response to the petition

After receiving the divorce papers, the served spouse has a certain period, typically between 20 and 30 days, to respond to the petition, depending on the jurisdiction. This response is known as an answer and is filed with the court. In the answer, the served spouse may either agree or disagree with the terms outlined in the petition. They may also raise any counterclaims or defenses they wish to assert in response to the divorce petition. If the served spouse fails to respond to the divorce petition, it typically results in a default judgment, leaving the unresponsive spouse with no input on the terms of the divorce.

Negotiation and settlement discussions

Following the response to the petition, both spouses may engage in negotiation and settlement discussions to resolve the various issues involved in the divorce, such as property division, spousal support, child custody, and child support. These negotiations may take place directly between the spouses or with the assistance of their respective attorneys or mediators. The goal of negotiation and settlement discussions is to reach mutually acceptable agreements that address the interests and needs of both parties so they can avoid litigation.

Discovery process

If the spouses are unable to reach agreements through negotiation, the next step in the divorce process may involve discovery. Discovery allows each spouse to gather information and evidence relevant to the divorce proceedings. This may include financial documents, property records, and other relevant information. Common methods of discovery include requests for production of documents, interrogatories (written questions), and depositions (oral testimony under oath).

Court hearings and proceedings

 If there are still disputes once discovery is complete, the divorce will proceed to court hearings and proceedings. These hearings provide an opportunity for both parties to present their arguments, evidence, and testimony before a judge. The judge will consider the evidence presented and make decisions on issues such as property division, spousal support, child custody, and child support. Depending on the complexity of the case and the issues involved, multiple court hearings may be necessary before a final judgment of divorce is issued.

Finalization of the divorce

Once all issues have been resolved, either through settlement, or court proceedings, the divorce can be finalized. This typically involves drafting a final divorce decree or judgment, which outlines the terms of the divorce, including any agreements reached between the spouses or decisions made by the court. Once the final decree is signed by the judge and entered with the court, the divorce is complete, and the marriage is legally dissolved.

Contact a divorce lawyer for help

Serving divorce papers to a spouse is just the beginning of the divorce process, which can involve several steps and considerations before the divorce is finalized. From acknowledgment of receipt to the finalization of the divorce, navigating the divorce process can be complex and emotionally challenging. Seeking the guidance of experienced legal professionals, such as divorce attorneys or mediators, can help spouses navigate the process effectively and ensure that their rights and interests are protected throughout the proceedings.