After Receiving the Divorce Papers, What Next?

by | Mar 26, 2016 | Attorney


In some cases, divorce is filed after years of separation and is expected. In others, it is a complete surprise to the person being served the paperwork. Once you receive divorce papers, take immediate action to protect your legal rights and future. Even if the person receiving the paperwork thinks that they are in agreement with the allegations and divorce, a Carlsbad family law lawyer should review the papers and inform the spouse of his or her legal options and rights. Other things the lawyer will assist in are listed below.


Study the Papers

It is important that you have your lawyer read over the divorce papers carefully. The papers contain a wealth of information that you are likely to find important. For instance, divorce papers list the court where the action was filed, which will help you find out if your partner is filing the case in another state. The papers should also have a deadline for the response and whether the spouse is filing on his or her own, and if he or she has chosen to retain a lawyer.

Respond to the Paperwork

In most cases, the response time to a complaint or petition for divorce is 30 days from the date when you are actually served with the divorce papers. It is important that you get this information right. Failure to respond within the stipulated time means that your spouse get everything. Normally, the best way to respond is through your lawyer. The typical response is replying to each numbered statement in the complaint and not issuing a blanket denial of all statements, but if you find writing out your reply a challenge, Fischer & Van Thiel, L.L.P., Carlsbad family lawyers, would like to discuss your case with you!

Gather Documents

Your Carlsbad family law lawyer is likely to ask you to bring along with you important documents such as a marriage certificate, social security card and birth certificates. Other records required include financial documents such as credit card statements, bank statements and tax returns that go back at least three years.

It is important that you retain a lawyer if the other spouse already has one. This will prevent both of you from being on uneven footing. Both your lawyers will help you in negotiating how you can protect your assets. In addition, it is important that you ensure all your communication with your lawyer is kept confidential by rerouting all divorce-related mail. Some of the information sent include strategic plans, but the post office can help you protect your confidential and private communications.

Have the divorce papers just arrived? At Fischer & Van Thiel, L.L.P., we can help you by assigning you an experienced Carlsbad family law lawyer. We would love to hear from you and your divorce circumstances, get in touch with us today at website

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