What Should I Do After Receiving Divorce Papers Unexpectedly?
Although you and your spouse may have experienced relationship issues, you may not expect to get served with divorce papers. Receiving divorce papers out of the blue can seem shocking, as you may not have realized how unhappy your spouse felt or how far your relationship had broken down. However, when you receive divorce papers unexpectedly, prompt action can help you protect your interests and future. Here are some steps you should take after unexpectedly getting served with divorce papers.
Review the Divorce Papers
First, read the paperwork you receive to understand the basic facts of the divorce proceeding. Although Illinois now only grants “no-fault” divorces, the divorce papers will explain what issues your spouse wants to raise in the divorce, such as alimony or spousal support, division of property and debts, or child custody and support. The divorce papers should also explain other critical details, such as the court that will preside over the divorce case and the deadline for you to file a responsive pleading with the court.
Seek Legal Counsel
Next, you should speak with a divorce attorney as soon as possible. Unfortunately, you have a short window to file your response to your spouse’s divorce petition, which can seem even shorter when your spouse unexpectedly serves you with divorce papers. Talking to an attorney immediately after receiving divorce papers can give your lawyer as much time as possible to investigate and review your case and prepare your responsive pleading.
File a Response
You must file a response to your spouse’s divorce petition if you want to contest any allegations in that petition or if you want to raise other claims not raised in your spouse’s petition. Suppose you fail to file a response within the deadline set by the court or do not seek the court’s permission to extend the filing deadline. In that case, you may lose the right to contest the allegations in your spouse’s petition, which the court may consider uncontroverted facts, or to seek alimony or your preferred child custody arrangement.
Prepare Your Finances
Next, you should begin preparing your personal finances for your separation and eventual divorce. Gather financial records, such as tax returns, pay stubs, bank and brokerage statements, and property titles or deeds. You may also want to open separate banking accounts if you and your spouse have joint accounts to ensure you have unimpeded access to funds; however, do not begin withdrawing funds from joint accounts without court permission, as those funds may constitute a part of the marital estate subject to property division.
Seek Personal and Emotional Support
Finally, let your family members and friends know about your impending divorce to seek their emotional and personal support. Ending your marriage can feel like one of the most traumatic experiences of your life. Your loved ones can provide an open ear or a shoulder to cry on and can help with tasks like moving you into a new place, cooking, cleaning, or childcare.
Contact an Experienced Divorce Attorney After Getting Served with Papers
When you get served divorce papers by your spouse unexpectedly, taking prompt action can protect your rights and interests. Contact Gravel & Wechter P.C. today for a free, confidential consultation to discuss how our experienced legal team will guide you through the divorce process.