How do you respond to being served divorce papers?
How do you respond to being served divorce papers?
You have two choices when responding to the divorce papers:
- Answer only. An “Answer” tells the judge and your spouse what parts of the complaint you agree with and disagree with.
- Answer with a Counterclaim.
How long do I have to respond to a divorce petition?
30 days
What happens after you respond to a divorce petition?
You answer the divorce petition to let the court know your position in the divorce case. If you don’t answer the divorce petition and you don’t go to a hearing, it’s still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.
Is it better to be the petitioner or respondent in divorce?
The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.
Who usually pays for a divorce?
Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife’s attorney fees and costs.
How are trusts handled in a divorce?
If marital property is placed in an irrevocable trust, that trust cannot be changed and the assets in it cannot be removed and divided in the divorce. The trust assets remain in the trust until after the death of the grantor, when they are distributed to the beneficiaries in accordance with the trust’s terms.
What happens to a family trust in a divorce?
In a divorce, if assets in the trust are considered to be community property, they will usually be split equally between the parties. If certain trust property is considered separate property, this property will usually remain in the possession of the spouse who initially owned the asset.
How do I terminate a family trust?
The settlor or the trustee can close a family trust by revoking it if the trust deed gives them the power to do so. The trust deed will set out the process for the settlor or trustee to revoke the trust. You will need to formally record the revocation of the trust, and make the records available to the beneficiaries.
