Are you thinking about divorce and want to know what to expect after filing for divorce? Contact our Buffalo attorneys to get started today!
1) Steps in the Divorce Process
They’ve already taken the first step by coming in for a consultation with a lawyer familiar with all the issues in a divorce who can walk them through the issues that will confront them.- The second step, once they decide to go forward, is to file the summons in the county clerk’s office and have it served upon the opposing spouse.
2) Contested Divorce vs. Uncontested Divorce
- Most of our clients anticipate an uncontested divorce, but they don’t always end up that way.
- The term, uncontested divorce, means the two parties have had some general discussions on major issues and neither spouse objects to the divorce. Nor will the served spouse hire a lawyer to negotiate issues of child access and support and division of property.
- In a contested divorce, after the papers are served, the recipient hires a lawyer to answer the summons. Then, the attorneys for both parties discuss the issues and, if necessary, participate in court intervention.
- The process is designed to assist the parties in arriving at resolution, whether by agreement or after a hearing.
3) How Much Time You Have to Respond to Divorce Papers
- That time is always printed right on the summons, and puts the recipient on notice that he or she has 20 days (or, in some cases 30 days) to respond.
- People very often wait until the last minute so, while the clock ticks, they are under pressure to do something.
- Because the response time is strictly limited, it is important to see your lawyer as quickly as possible and ensure submission of an appropriate response.
4) Equitable Distribution
- The concept of equitable distribution, which doesn’t necessarily mean 50/50. It means equitable, or fair.
- Division of property can be decided by the parties themselves if they can agree on what they believe is fair; otherwise, the court will decide for them.
- Equitable distribution applies to both property and debts. It includes the house, cars, bank accounts, pensions, retirement accounts – and debt.
- The court applies several number of factors, such as the parties’ income and the financial circumstances that existed during the marriage.
Are you thinking about divorce and want to know what to expect after filing for divorce? Contact our experienced Buffalo Divorce Attorneys for legal assistance and to schedule your legal consultation and case evaluation.
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