Most people are not surprised when they are served with divorce papers. But what do you do when you are served?
By: Valerie E. Anias, Esq.
Most people are not surprised when they are served with divorce papers. But what do you do when you are served? What if your spouse has an attorney and you don’t? What if you don’t want the divorce? What if you don’t agree with the reasons your spouse has listed for the divorce? On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to help you know what to do next!
Many people feel that being the Plaintiff or Defendant matters. Truth is, it doesn’t. There are benefits to both. Just because your spouse served you with divorce papers does not mean that they may not be at fault for the divorce or that they’re automatically in a superior position. All this means is that they will be presenting their case first. And, don’t worry. You’ll present your case next!
What have you been served with? You will have a summons. That is the paper that orders the Plaintiff to serve you. You will also have a copy of the pleading filed. That is the Complaint for divorce and their request for relief. This may include child support, custody, alimony, division of marital property, etc. You will also receive a copy of their Domestic Case Information Report which is simply a cover letter identifying the parties and type of action.
Now what? After you have been served you will have 30 days (or 60 days if you’re out of state) to file an answer. This is important because if you fail to file an answer the Plaintiff can file a Motion for Default. If the Motion is granted and you are found in Default, the Court may award all of the relief directly to the Plaintiff without giving you an opportunity to present your case. Don’t let this happen. You should always respond to Court documents!
You can also file a Counter-Complaint. Perhaps the Plaintiff’s complaint fails to state that they had been cheating on you, for example. You may want to file a Counter-Complaint alleging adultery, for example. A procedural benefit of filing a Counter-Complaint is that if the Plaintiff decides they no longer want to pursue the case but you still do, your Counter-Complaint will keep the case moving forward.
Once the Complaint has been served and you’ve filed your answer, the Court will schedule a hearing to get the status of the case and schedule the important dates for the rest of the case.
If you’ve been served, call ERA Law Group, LLC attorney Valerie E. Anias, Esq. at (410) 919-1790 and ask about our FREE 30 MINUTE CONSULTATION!
There are two ways to dissolve a marriage: divorce and death. Prenuptial agreements help in making the dissolution as easy as possible.
There is a misconceived notion that asking for a prenuptial agreement or discussing it in some way implies distrust or concern over your relationship. This isn’t true! There are a significant number of benefits to obtaining a prenuptial agreement that the attorneys at ERA Law Group, LLC want to bring to your attention for this week’s #FamilyFriday article!
Marriage is both a romantic and business relationship. With very few exceptions nearly everything is or becomes marital. As such, nearly everything can become subject of costly litigation in the event of divorce or death. A well drafted and all-inclusive premarital agreement will limit many of these issues. For example, the agreement will identify what is and is not marital property, each parties’ rights in the event of death or divorce, predetermine rights and obligations for spousal support, inheritance, and more. In addition, the agreement will have a complete financial disclosure including each spouses’ assets, liabilities, and income.
There are two ways to dissolve a marriage: divorce and death. Prenuptial agreements help in making the dissolution as easy as possible. Prospective spouses should consider whether they want to be on the hook for their partner’s debt in the event of divorce or marriage? Whether they want their spouse from a second marriage to inherit more than their children from their first marriage? Whether they want their private business to be impacted in the event of divorce or death?
Why wait? Protect you, your spouse, and your family no matter what life throws at you. Call ERA Law Group, LLC today at (443) 906-3566!
Adoption is the legal process of creating a parent and child relationship and can take many forms.
For this #FamilyFriday article, the attorneys at ERA Law Group, LLC want to talk about adoption. Adoption is the legal process of creating a parent and child relationship. Adoption can take place in many forms. For example, a stepparent may be adopting their partner’s child or perhaps grandparents are looking to adopt a grandchild. Many people tend to think of adoption involving a minor child but don’t know that adults can also be adopted. Establishing the parent/child relationship is important on an emotional level but also serves a legal and financial purpose. An adopted child can receive state and federal benefits of their parents that without the adoption only a biological child would be entitled to receive.
The process of adopting, unlike many other court appearances, is usually joyous. After gathering the required paperwork and filing the petition, all parties appear before a Judge and celebrate the new and legally recognized family. There are also adoption proceedings that are contested by a biological parent and don’t carry the same joyous feeling. In either case, finding an attorney to help you through the legal process is beneficial in creating or maintaining your family.
Taking the necessary steps to protect your family is important and ERA Law Group, LLC wants to help! Call us today at (443) 906-3566!