Often, people will find that all their spouse wants is the piece of paper saying that the marriage is dissolved, because all the Complaint asks for is a Decree in Divorce.
If that is the case the matter can be relatively simple, but be sure that you, yourself do not want anything else out of the situation before you decide to cooperate, or to allow matters to go forward without your opposition. If you are unrepresented, you can contact your spouse’s or co-parent’s lawyer if you wish, to discuss the case and any possible resolution.
The key not just to survival, but also to success, is above all to been sued in court.
You have the chance to make good use of the time you have, and more options than you probably think you do.
As a wise reader, though, you already know that all you really have to do is to call the telephone number at the bottom of this article! This will be a series of numbered paragraphs, each one making an assertion of fact.
At the end of each set of factual allegations will be a short paragraph beginning with the word “WHEREFORE,” that tells the court what the Plaintiff wants it to do (e.g., legally dissolve your marriage, divide property, award custody of children).
Educate yourself as thoroughly as you can about where you stand and what your options are, so that the decisions you make are informed ones; in this game, “do-overs” are rare, and often expensive.
If you are unsure of your rights, options and obligations or how to exercise or fulfill them, spending a little money now to meet with a lawyer to discuss matters might save you from having to spend a lot of money, later. COVER SHEET: this tells you who versus whom, what particular court is involved, the title of the document, on whose behalf it was filed, and how to contact the lawyer who filed it.
Keep your eyes and ears open, and your critical mind engaged.There are circumstances (especially if you are being sued for divorce under the ground of Irretrievable Breakdown) that if you do not challenge your opponent’s claims or raise claims of your own in a timely fashion, you can lose important rights.Educate yourself, and if you are at all in doubt, talk to a lawyer sooner rather than later!A note about that last item: if you are served with a document called an “Affidavit under Section 3301(d) of the Divorce Code,” which states that your marriage is irretrievably broken and that one year or more has passed since your final separation, you are probably facing a deadline of not more than 40 days either to do something affirmative to protect your rights as a spouse, or to risk losing them when a divorce decree is awarded without need for your consent. The papers you hold are your spouse’s or co-parent’s representations to the court about what is going on, and what he or she wants the court to do about it.They will tell you what he or she is asking for, and (by its absence) what being requested at this time.He might be able to answer your questions (except for giving you legal advice, which he can never do), and he might (and should) be telling you the literal truth… Never forget that he has a client to serve and protect, and a set of goals to achieve.