The Modern Woman’s Divorce Guide » Weekly Divorce Tip: Trouble Shooting, Phase 2

Weekly Divorce Tip: Trouble Shooting, Phase 2

If you have been following our weekly tips over the course of the year, it is possible that things have not gone as smoothly as you may have hoped. So today we’re going to tackle some of the problems you may be facing and give you some suggestions for overcoming them. If we miss something you’re dying to know, post a comment or send your question to us via email at contact@moddivorce.com.

1. Your husband filed for Divorce, Dissolution or Legal Separation
If your husband filed and served a Petition or Complaint for divorce, dissolution or legal separation, you must file an Answer or Response before the statutory deadline, which is thirty days from the actual date of service. Even if you don’t want your marriage to end, you must file an Answer or Response unless your husband withdraws his Petition or Complaint. The Response or Answer is the legal pleading that acknowledges your receipt of the Petition or Complaint and tells the court whether you agree with your husband’s claims, and if not, sets forth your requests for the outcome of the case. For example, if your husband’s Complaint says he should not pay spousal support and you disagree, your Answer should ask the Court to order spousal support payable by your husband. Your Response or Answer is an important document that should be tackled as soon as possible, preferably with the help of a lawyer, but if you’re doing it yourself, get started, now by downloading your Free State Court’s Response or Answer.

2. Your husband refuses to give you the documents you need in your case
If your husband refuses to give you the documents you need to make an informed settlement decision or prepare your case for trial, there are several tools you can use to get the necessary information. First, if the documents you requested are related to joint accounts, joint tax returns or joint assets, simply go the bank, IRS or local recorder’s office and ask (or fill out a form) for the documents. Second, if you don’t have direct access to records, prepare a Request for Production of Documents, Request for Answers to Interrogatories or Subpoena. Each of these tools are legal pleadings that order your husband or third parties to provide the information requested. Finally, if neither of the first two options work and the potential benefits outweigh the costs, consider deposing your husband or anyone else who can give you what you need. Depositions can sometimes be the only way to force discovery, but given their time and expense, are usually the last recourse. Learn more about discovery in our new article Discovery Tools for Divorce, Dissolution and Legal Separation.

For those of you who missed any of our earlier divorce tips that will help you walk through the divorce process from A to Z, you can find them here: