If your spouse unexpectedly files for divorce it is crucial that you work quickly. Spouses served with divorce papers have between 3 and 4 weeks to file a response, depending on the details of their circumstances. It is imperative that you quickly prepare to respond and get in touch with an attorney as soon as possible. Reach out to a Farmington Hills divorce lawyer for more information and legal advice.
What Should I Do After My Spouse Files for Divorce Unexpectedly?
While it is important to take care of yourself and ensure you are going about the legal process the right way, it is you must keep in mind that because you were not expecting this you do not have ample time to prepare. Consider the following.
Process your emotions
After being surprised with divorce papers it makes sense that you would feel a range of emotions from confusion to anger to sadness. It is important to address your feelings. If left unchecked, your emotions can begin ruling the decisions you make. Take some time to speak with friends, family, a counselor, or any individual who can act as a support system during this difficult time.
Read the summons and complaint
After taking some time to process what is happening, your next step should be to understand exactly what is going on from a legal standpoint. Read the summons and complaint in their entirety to learn what is required and expected of you and any associated deadlines. The complaint will outline your spouse’s requests regarding property distribution, alimony, child custody, and more.
Speak with your spouse
Since you are surprised at the prospect of a divorce there is likely a communication issue between you and your spouse. Ask them to sit down with you and discuss the situation. Find out their reason for wanting a divorce and listen to their concerns. You may discover that your marriage is over or you could end up putting in the work to repair your relationship. Either way, communication is key during the divorce process.
Hire an attorney
Obtaining legal representation should be high on your list. Your divorce lawyer can help you understand your state’s laws, strategize, advise you on various issues, and represent you in court.
Understand your rights
You have certain legal rights and responsibilities related to the division of marital property, debt distribution, spousal support, child custody, child support, and more. With the help of your attorney and through your own research, learn more about what you are entitled to and what you owe.
Respond to the petition
In Michigan, you have 21 days from the date you received the notice of divorce to file a response (28 days if you were served by mail or while you were out of state). It is important to respond in a timely manner as your spouse may be entitled to a default judgment if you fail to reply. You have the right to agree to or counter any and all aspects of the divorce. Your lawyer can help you understand how to appropriately respond.
While all of the above steps are crucial after being served with divorce papers unexpectedly, contacting an attorney is of the utmost importance. They will help you take care of the rest. Reach out to an experienced lawyer today.