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Fleetwood Family Law Surrey, BC | What to do when you’re served with divorce papers

Sep 2

When you’re served with divorce papers, it can feel like your world is ending. But don’t panic! You can do things to make the process as smooth as possible. Here are some tips to help you get through a divorce.

 

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Understand the papers you’ve been served.

You first need to take a deep breath and understand the papers you’ve been served. This document is called a summons, meaning that your spouse has filed for divorce. The summons will tell you when and where you need to appear in court. It will also give you some basic information about the divorce process.

If you have been served with a summons, you should contact an experienced divorce attorney as soon as possible. An attorney can help you understand your rights and options under the law.

The next step in the divorce process is the filing of the petition. The petition is a document filed by one spouse with the court. It contains several pieces of information, including the grounds for divorce, child custody arrangements, and financial information.

After the petition is filed, the other spouse will be served with a copy. They will then have the opportunity to respond to the petition. The court will assume they agree with the divorce terms if they do not respond.

Once both spouses have filed their petitions, the court will set a date for a hearing. At this hearing, both sides will present their evidence and arguments. The judge will then decide on the divorce.

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Hire an attorney.

You’ll need to hire an attorney to represent you in court. If you can’t afford an attorney, legal aid services can help you. You’ll also need to appear in court on your hearing date. The judge will decide whether to grant you a divorce based on your present evidence.

If you’re granted a divorce, you’ll need to sign a divorce decree that outlines the terms of your divorce. This document will be filed with the court. Once it’s signed, it becomes a legally binding contract. Make sure you understand all the terms before you sign it.

After the decree is signed, you’ll need to file for a final divorce decree from the court. This is the document that officially ends your marriage.

It’s essential to have an attorney help you through the divorce process because it can be complicated and confusing. An attorney can also help you understand your rights and make sure that you’re treated fairly.

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File a response to the divorce petition.

Once you’ve hired an attorney, you’ll need to file a response to the divorce petition with the court. This document will state your position on the divorce and counter any claims made by your spouse. The answer will also include requests, such as custody of the children or spousal support.

If your spouse has already filed a response to the divorce petition, you’ll need to file a rebuttal. This document will address any claims made by your spouse that you disagree with.

Once the responses have been filed, the court will schedule a hearing. Both sides will present their case at this hearing, and the judge will decide on the divorce.

Attend the court hearings.

You’ll need to attend all of the court hearings related to your divorce. This includes the initial hearing and any mediation or settlement conferences. Depending on the state in which you live, there may also be a final hearing.

The court will also need to hear about child custody and visitation arrangements if you have children. In some cases, the court may appoint a guardian ad litem to represent the interests of the children. The guardian ad litem is an impartial third party representing the children’s best interests.

The divorce process can be complicated, so it’s essential to have an experienced divorce attorney on your side. A reasonable divorce attorney can help you navigate the legal process and protect your rights.

Follow the court’s rulings.

Once the court judges your divorce, you’ll need to follow it. This means abiding by any custody arrangements or property division orders that are put in place. If you don’t follow the court’s orders, you could be held contempt of court. This severe offense can result in fines or even jail time.

If you’re having trouble following the court’s orders, you may need help from a lawyer or a mediator. You should also make sure to keep up with any changes in the law that might affect your case.

Divorce is never easy, but following these tips can help you get through it. Remember to stay calm and be patient, and you’ll eventually come out the other side. Fleetwood Family Law can help you through this tough time. We’re a family law firm in Surrey and here to help. Contact us today to learn more.

 

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