Weekly Divorce Tip: Hurry up and Wait
Now that you have served your Petition or Complaint for legal separation, divorce or annulment, it’s time to wait for your husband to respond. You should receive your husband’s Response or Answer within thirty days from the date of service, but don’t be surprised if it is late or never arrives. It is common for men (and women) to forget or refuse to comply with this legal formality, which obviously, has ramifications - but we’ll cross that bridge when we come to it.
While you are waiting for your husband’s response you can take a break from the process or you can keep moving forward by preparing any requisite financial disclosure documents. For example, in California, you can begin filling out an Income and Expense Declaration and Schedule of Assets and Debts. Alternatively, if you need immediate relief, like child support or maintenance, begin preparing the court forms that will allow you to schedule a court hearing where a judge can make temporary orders during the pendency of your divorce. Visit your state court’s self help center, read the applicable laws and review the local court rules to determine exactly what you must do to get the help you need.
For those of you who missed our last four divorce tips, which will help you walk through the divorce process from A to Z, you can find them here:
- Pre-Divorce Research
- Pre-Divorce Financial Planning
- Making the Decision to Divorce
- Separation, Annulment or Divorce
- Putting Pen to Paper
- Filing and Serving your Divorce Forms.
This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: divorce tip weekly legal forms documents Petition Complaint Summons response answer Legal Separation Annulment service serving serve Starting divorce process divorcing get divorced marriage relationship women woman law
-
Posted by ModDiva on February 18th, 2008 filed in Divorce Tips |
February 18th, 2008 at 11:10 am
I thought I had all the bases covered before I left an abusive situation…..but I have learned a few things:
1. Don’t leave the marital residence without a moving van…even if you think you are selling the house and will move the furniture eventually! Your husband will hold the furniture hostage to get what HE wants.
2. Have your husband’s Social Security number.
3. Have enough money for 6 months to a year on your own…..I have now been 4 months without ANY support….it could be another 4 months before we get to a judge…or longer!
4. It takes a HUGE “chunk of change” to hire a good attorney. The men have the money because they are usually in control of ALL of the money. They can hire the best attorney against you. You will need at least $10,000 to $50,000 just for a retainer!
5. You can count on the guy not showing up for hearings, postponing mediation as long as he can…or not showing up at all, not answering complaints, interogatories, etc. (he is way too busy), lying about all things financial….so have proof. If he is not paying anything…..WHY would he want to hurry through the divorce process? If he has a girlfriend..it is a great protection for him. He will “have his cake and eat it too” so to speak!The courts really need to address this issue. Women are further victimized by the legal system…..especially poor women, older retired women like me, unemployed women, disabled women, and career housewives.
6. Take the dog/cat…if he abuses you (even verbally)….he will abuse the dog/cat. Make sure all of the animal registrations, tags, medications are in YOUR name before you leave..or he will say you STOLE the dog/cat.
7. Take lots and lots of pictures.
8. There are no protections for women in the court system. You are on your own…it is still a male dominant world. Thank heaven I had some money of my own…or I never would have been able to get out! Just figure up the amount of money you need to get out, live, and get a good attorney…THE FIGURE IS STAGGERING!