Going through a divorce can be a very emotional experience. Getting served with divorce papers can be devastating if you weren’t expecting them, but in many cases, knowing that they’re coming doesn’t make things easier.
If someone gets served divorce papers, it is usually a good idea to consult or hire an attorney before proceeding further or replying to the papers. They know the legal aspects, have experience with such situations, and are more likely to respond professionally rather than emotionally.
However, it is not a necessity to hire an attorney to respond to divorce papers. Divorce papers are also known as a divorce petition or divorce complaint. The papers could be titled “dissolution of marriage.” Since these are legal documents, it is advisable to read them carefully.
Amongst other things, you will want to look for where the petition was filed and what is the last date to respond. Many states allow 30 days for a response, but it’s not necessarily the case.
In Oklahoma, for example, the response must be filed within 20 days of being served with divorce papers.
The papers also contain information on whether the spouse filing for divorce handled the process themselves, or if they hired an attorney. If the spouse has hired an attorney for the divorce petition, it is better to hire an attorney rather than go through the process yourself.
If one side has hired an attorney and the other has not, it can create an imbalance of power in the legal process on the side of the person with an attorney.
Once the divorce papers are received and you’ve gone through them, you might notice there are things that you don’t agree with. This makes a response all the more important, so you can get your objections on record.
It is possible to answer just the petition you receive, or file the answer and a counterclaim. This can mean filing the response with your proposed agreement for the divorce, or filing a response while listing disagreements to the spouse’s petition.
It is very important to respond or answer professionally, rather than emotionally. The answers should be filed on specified forms and in the correct format, and any fee required for such filing must be paid.