What Happens After You Serve Your Spouse Divorce Papers?

Once divorce papers are officially served, your spouse has 21 days to file an Answer with the court. Let’s take a quick look at how this entire process will unfold.

What Happens After Divorce Papers Are Served To A Spouse?

Your spouse will be given 21 days to file an Answer with the court, which is his or her official statement telling the court whether they agree or disagree with what was stated in the divorce Complaint.

This can include whether he or she agrees or disagrees with what the other spouse says in the divorce Complaint, as mentioned. Additionally, he or she has the right to request for the court to do something different altogether.

How To Know If A Spouse Has Filed An Answer

The responding spouse is supposed to mail a copy to you when the Answer has been filed. You can also check with the Family Court Central Intake Center (CIC) once the 21 days to file has passed.

What Happens If No Answer Is Filed?

If no Answer has been filed within the legal time limit, you can still proceed with the divorce case. However, you’ll need to file for a default, in this event.

What Comes Next In The Divorce Process?

Here is a quick look at the upcoming steps in a divorce process:

• The first court hearing or “initial hearing” will typically happen 30-60 days after the complaint has been officially filed.
• At this hearing, the judge will check the status of the case and begin taking steps toward deciding the important issues in the case.
• The judge will not make any final decisions at this time because this is not the final hearing.
• If you do not attend the initial hearing, the judge can then dismiss the case, and you will have to file a motion to vacate this dismissal.
• Another option would be to file a new case and start the process all over again.

How Long Does A Divorce Take?

The amount of time a divorce can take varies from state to state even when there is total agreement on the terms of the divorce. In some states there are waiting periods of up to six months from when the paperwork is initially filed – in case the other party wishes to contest part of the agreement. Other states allow the process to be completed in approximately sixty days.

Consider the following when allowing for the time to proceed during a divorce:

• Do you have children?
• Are you both property owners and owners of assets?
• What is the state of your current relationship?
• Was there a pre-nuptial agreement?

There may also be a backlog in the divorce courts system to consider. You also must meet the standards of residency in the state where the divorce is being filed.

Source: “What Happens After I Have Served The Divorce Papers On My Spouse?” Law Help https://www.lawhelp.org/dc/resource/what-happens-after-i-have-served-the-divorce