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In most cases, divorce is a complicated process. Even after one spouse takes the initial step of filing for divorce, papers may need to be served to the other spouse, after which other specified steps will follow. MacVean, Lewis, Sherwin & McDermott, P.C., a law firm based in Middletown, New York, has been serving the needs of Hudson Valley residents in every field from corporate law to elder law for over a century. Their divorce lawyers can explain how your case may unfold after papers are served.

What Happens After Divorce Papers Are Served?

The Answer

The spouse to whom divorce papers have been served will be given a specific period of time in which to file a response to served papers. In New York, the served spouse will typically have 40 days to respond. If you have been served divorce papers, it is wise to begin preparing your response immediately, though the process may be painful.

It may also be in your best interest to consult with a divorce lawyer as soon as possible in order to make sure you can comfortably meet the specified deadline. It doesn’t pay to ignore the deadline or avoid dealing with the issue — by responding as required, you will put yourself in the best legal standing as your case proceeds.

After The Deadline

If you do miss your deadline for whatever reason, you may still be able to take part in the case. Call the court to determine whether a hearing has been scheduled to handle your case, and if so you may be able to appear in court to submit your answer at that time. If no date has been scheduled, you may be able to file a request for an extension to prepare your response as soon as possible.

If you served your spouse with papers but have received no response, the court will begin proceeding with the case, beginning with a hearing. As is true with the served party, in such an instance it may be wise to find a divorce lawyer if you have not already — a missed deadline is a clear sign that one party in the divorce is not acting cooperatively.

Proceeding With Your Case

Divorce LawyerIf the served spouse has responded in a timely fashion to the initial complaint and both parties generally agree on the issues surrounding the divorce, you may be able to negotiate an uncontested divorce. This less adversarial approach is typically less painful than a court battle, though it may require cooperation and compromise from both parties to reach an amicable split.

In the event both parties are not able to agree on the fundamental issues of the divorce, it will need to be settled in court through a contested divorce. In such cases, it is almost certainly in your best interest to hire a divorce lawyer, as a contested divorce will involve numerous steps. Your lawyer may be able to help negotiate a settlement with your spouse’s legal team, and they will be invaluable to you in preparing your case and representing your interests should the case proceed all the way to a court trial.

If you reside in the Hudson Valley and need legal representation in a contested divorce, or if you’ve been served papers and need the advice of an experienced divorce lawyer, call MacVean, Lewis, Sherwin & McDermott today at (845) 343-3000 for a free initial consultation. You can also visit their website for more information and find the legal team on Facebook.

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