What should I do if served with divorce papers? 25 Answers as of May 25, 2011

What if my husband served me with divorce papers but is neglecting to finish it? What do I do?

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Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
You can ask the court to set your divorce for a final hearing to get it over with.
Answer Applies to: Indiana
Replied: 5/25/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you want the divorce, you may take the necessary steps to move the case forward with or without your husband's cooperation. If you husband won't participate in completing a full written agreement to decide all the necessary terms for the divorce, you can schedule a hearing before the judge. If you choose to represent yourself, you need to learn the necessary procedures and requirements before the judge will hold a hearing.
Answer Applies to: Colorado
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Consult with an attorney and bring the paperwork so the attorney can see how far along the case is. If you wish to discuss further please let us know; we handle divorce cases.
Answer Applies to: Connecticut
Replied: 5/18/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, you have thirty days in which to respond to a petition for dissolution (divorce papers). If you do not do so, the moving party would be able to file for a default judgment, which means the court would grant any requests made by the moving party in the petition. If the moving party is dragging their feet, it is important to let the court know that. If neither party takes action, the court may send notices that it intends to dismiss the case if no action is taken.
Answer Applies to: Oregon
Replied: 5/17/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You can proceed to finish the divorce.First you have to respond to the petition. Then move for temporary orders if you need them and obtain information through discovery about income, property, debts and factors that influence a court's decision about how to divide assets and debts.Then negotiate with or without formal mediation and then go to trial if you have to. Good luck.
Answer Applies to: Washington
Replied: 5/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Take them to your lawyer for review. If you have been served, but you have done nothing, you expose yourself to a default judgment. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You should hire an attorney, file an answer and counterclaim, and proceed with your case.
    Answer Applies to: Georgia
    Replied: 5/16/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    If your husband served you with divorce papers you have 30 days to respond.
    Answer Applies to: California
    Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You will need to finish the papers on your own by serving him with divorce papers and going through with it. Or tell him that's what you're going to do and perhaps that will get him "off the dime" and finish things up. Good luck.
    Answer Applies to: New York
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must respond to the petition within 30 days with an Answer and Counterpetition. If you fail to respond, the party may seek a default.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to see a divorce attorney, and get some assistance. This is serious, and you should not delay. Give me a call, I will assist you.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    You need to answer the Complaint for Divorce right away. You have a limited window to answer or you will be in default and you will be unable to contest many issues. Also, if you are concerned he wont finish the divorce, you can counterclaim for a divorce when you answer the complaint. That will assist you in continuing if he decides he doesn't want to pursue he claim for divorce, or else you will have to file and start the process all over again. You can contact my office for assistance with your divorce.
    Answer Applies to: Michigan
    Replied: 5/16/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    What do you want to do? Do you want the divorce? You can seek counseling. You can finish the divorce yourself.
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Do you want the divorce? If so, you can file a cross-complaint and go forward on that. In this way, he can't stop the process.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You usually have 20 days from the time you are served divorce papers to answer them. It is important to follow these guidelines. Feel free to call us as we offer free consultations.
    Answer Applies to: Utah
    Replied: 5/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    If you want to continue with the divorce, see a lawyer who handles family law matters.
    Answer Applies to: Virginia
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    You need to respond to the papers you were served with. Check on the court rules in your area, but if your husband is not moving forward you may need to proceed to trial.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Because you said that you're the "respondent," to keep your case moving forward, you need to do the following (in terms of general steps):
    1. File with the court, and have served on your husband, a "Response," which is form FL-120.
    2. Fill out and serve your preliminary disclosures (forms FL-142 and FL-150) on your husband.
    3. Propose settlement terms in writing.
    4. If your husband does not respond, request a status conference (typically a local court form), and at the status conference, request a settlement conference. T

    ypically, cases settle at the settlement conference. If not, then the outstanding issues will be set for trial and a judge will issue orders to finish your case. You can get free legal assistance at your local county courthouse, or call a local family law lawyer for help. Good luck!
    Answer Applies to: California
    Replied: 5/16/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Don't be passive in a divorce. Consult with an experienced Family Law Attorney without delay and bring the papers you were served with to the consultation. You may lose important rights if you don't actively participate in your divorce.
    Answer Applies to: California
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If you have been served with divorce papers, my first question is the relief sought in the petition consistent with what you would want. In other words are your assets, debts, retirement accounts properly divided. If not, you need to answer the petition with a response. Some of the most difficult litigation is divorce and issues of importance can be overlooked by people attempting to save money by representing themselves. That can be a costly mistake. Give me a call.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    I am not sure what you mean by "neglecting to finish it." In Washington State, you should respond to the petition, get a trial date, and move forward towards trial.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you want to move the case forward, you will need to file a response to start the process moving forward again. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/16/2011
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