Next step after papers served?

Orthanon · 2024-02-26T16:16:28+00:00

Yes you need to respond within a set amount of days. 20 to 30 usually.

I wouldn't be dragging it out but my stbxw is filing every motion under the sun and being unreasonable. Eventually her initial deposit will run out and she will want to settle.

New-Amoeba9042 · 2024-02-26T13:43:49+00:00

My state, upon being served you have 30 days to file a response. This is the time you file for custody, alimony, etc.

After 30 days, a court date will be set at least two weeks out. You don’t need to be served for this, so call the courthouse to check.

At the court date, if you don’t show up, whatever she asked for in the complaint is granted. Frequently, folks already have everything sorted in a separation agreement, or have no assists or kids. So, only the party who filed goes to court, and the divorce is official

Puzzleheaded-Wish928 · 2024-02-26T13:28:37+00:00

First you need to carefully read the document you were served. It will tell you how long you have to respond and other important information.

Secondly you should check your area’s family court website. There should be information about the process there.

I disagree with the advice to drag things out as long as possible. The process is very hard on people emotionally and financially. I personally would rather compromise than go through a long fight. That said if your ex has a goal to hurt you or to try to destroy you rather then just to divorce I think you will have to fight back.

EnvironmentalAd3558 · 2024-02-26T06:30:56+00:00

In Texas it is 20 days after personal service. States will vary between 20-30 days. Google it for your state.
I see no reason to delay and delay just prolongs the turmoil and can make it more costly. Get your MSA done asap provided you have all the information you need and time to analyze what you want. In New Mexico the waiting period to get a final decree after filing is 30 days, in Texas 60 days and California 6 months. The more time you take the more attorneys can charge fees.

Gattsama · 2024-02-26T04:36:35+00:00

Sorry you are going through the drama. Every case is different, in my case I wanted/needed everything to be done ASAP. The Ex dragged it out and wasted huge amounts of potential wealth. If kids are no longer a concern then it's really about what works best for you.

You need to respond to the filing and let the court (and her) know you are represented. Your attorney should take care of that.

bluephotoshop · 2024-02-26T03:46:33+00:00

The benefit of dragging it out? One reason is to get the soon-to-be-ex in a financial bind (a good lawyer will file for a temporary support order though). Or to get the stbx and her lawyer frustrated at the slowness. If she wants to get out of the marriage in a hurry to take up with another man, she might compromise on the financial settlement. Note that you should take pains to preserve your right to custody sharing here.

Emotional_Lettuce251 · 2024-02-26T03:29:59+00:00

The complaint you received will tell you how long you have to respond, and, yes, you need to respond. After that a date will be set for a preliminary hearing. I dragged things out for as long as I could prior to getting our temporary orders just so I could stay in my house as long as possible with my kids and not start paying child support. Now that the Temp orders are in place my goal is to fast track everything and get this finalized as quickly as possible.

Title	Next step after papers served?
Author	pikohina
Upvotes	4
Comments	10
Date	February 26, 2024 3:19 AM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1b07fva/next_step_after_papers_served/
Archive Link	https://theredarchive.com/r/Divorce_Men/next-step-after-papers-served.1246454 https://theredarchive.com/post/1246454

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