You Just Found Out You Were Served Divorce Papers, Now What?

For some people the most shocking or earth shaking thing can be being served divorce papers.  For others, it can be a relief.  Whichever category you fall into, you need to make certain that you read the papers carefully.  Every divorce Petition comes with a Summons.  The summons will tell you that you need to respond within 21 days of being served and if you don't the judge can enter a judgment against you.

What is a divorce petition and how can it effect me?

The divorce petition contains many important parts.  In general there are 7 basic parts.  These are:

1. The statement of Jurisdiction
2. Information about the marriage
3. Information about the kids, if there are any
4. The grounds for divorce
5. The custody and support of the children
6. The division of the property
7. The division of the debt

A divorce petition is essentially a request of how you want the property and the debt divided and what you want the custody and visitation to look like.  If you don't respond to the divorce petition within the 21 days, the opposing party can take a default against you and get exactly what they asked for.  If you want something different or you believe that the other party has left out important things, it is essential that you respond.

How do you respond to a divorce Petition and do you need a lawyer?

The court requires that you file certain uniform paperwork and pay your filing fee.  Some people can get a divorce on their own without the help of a divorce attorney.  The biggest issue folks run into is that the paperwork that is used, while uniform, can and usually does need to contain certain language and certain terms in order for the person getting a divorce not to compromise their position.  The paperwork can be confusing and believe me, there is a lot of paperwork.  You also need to make sure that you comply with the proper rules when you file the paperwork.  Lastly, a divorce isn't just the language that is in the petition and the answer.  There is always a lot of negotiation going on between the divorce attorneys trying to get the best conditions and outcomes for their clients.

What should I expect the time frame for a divorce to be?

There is no cut and dry time frame for a divorce to be completed.  If the divorce is uncontested and the parties stipulate to the outcome, it can be done in as little as 4-6 weeks.  Other divorces seem to go on and on, stretching into years.  It goes without saying that the quick divorce happens because the parties agree.  The long divorce linger on generally because of high conflict.  Often the high conflict centers around the children.

How do I get an attorney to take my case?

It all starts with a phone call.  Whether you are responding to a divorce petition or you are the party initiating the divorce.  Give our office a call at (208) 472-2383 and one of our divorce lawyers will provide you with a free consultation.  We will answer your questions and outline the process for you.  Give us a call.  You will be glad you did.  Visit us on the web.

Uncontested Divorce

What is an Uncontested Divorce?

People often ask me what an uncontested divorce is.  There are many types of divorce (check my website for the various kinds www.lawboiseid.com.html) including uncontested, contested, default etc.  An uncontested divorce simply means the parties agree, or substantially agree, about the terms of the divorce.  They have essentially worked out the details themselves or they have the majority of the details worked out but need some help from a divorce attorney or a mediator to settle on the other details.

What Next?

So, what do you do if you have the details of your divorce worked out or substantially worked out?  One party, or one party's attorney, needs to file the divorce petition, just like you would in any other divorce.  The other party needs to be served with the divorce papers just like the way you would in any other divorce.  Likewise, if children are involved, the parties need to attend the focus on children workshop. 

So What's the Difference?

The difference comes in how the paperwork is handled after the initial steps are taken. Once all the wrinkles are worked out, your divorce attorney will either prepare a stipulation or prepare the default paperwork.  A stipulation is an agreement between the parties as to the terms of the divorce which is submitted along with the final paperwork.  That agreement contains all the terms of the divorce.
A default judgment occurs if the parties decide that they don't want to stipulate to anything but that one party just won't fight the divorce.

It is important, in a stipulation, to be as specific as possible so that all the details are covered and there is nothing that is left out which would necessitate the case being reopened.  Likewise, if the divorce is taken by default, if the paperwork isn't specific enough, there could be an argument that the case needs to be reopened. Just an FYI, there are other reasons too why a default judgment may be reopened.  I will touch on that in a later post.

In an uncontested divorce, once the judgment and decree of divorce, the stipulation are signed by the judge and all the relevant divorce paperwork is filed, the divorce is final. 

How long does it take?

A truly uncontested divorce can happen very quickly.  Once all the paperwork is submitted and no amendments or further changes are made, a judge will sometimes sign the decree within 2 weeks.  Sometimes, if there are children involved, the judge may wait the 21 day period allowed for a party to file an Answer before they will sign the stipulation.  The long and short of it is that uncontested divorces can, and do, happen very fast. 

If you need to speak with an attorney concerning divorce, child custody, child support, modification or any other family law issue, give us a call, (208) 472-2383.  You will be glad you did.