After the petition and summons are served, the other side has twenty (20) days to file a written answer (response). The respondent may obtain an additional twenty days to “answer” by filing an Entry of Appearance and Reservation of Time; however, the filing of the Reservation of Time waives certain statutory objections and should not be done without an attorney’s advice.

A stipulation is an agreement between the parties which means that they do not have to present evidence about a particular matter. A stipulation may relate to only one issue of fact or it may relate to everything involved in the case. The more agreements you can reach, the less expensive the case is and the quicker it is concluded. It is normally to your advantage to try to reach agreements, HOWEVER, that does NOT mean that you should “give in” on any issue just to get the case concluded- NOR SHOULD YOU ENTER INTO ANY DEFINITE AGREEMENT WITHOUT CONSULTING YOUR ATTORNEY FIRST!!!! Discussion of settlement is fine, but “settling” the case on your own can be binding without you understanding the hidden repercussions!

All divorce actions involve strong emotions and a great deal of stress. We are not trained counselors and cannot act as counselors for you. We can listen and advise you of your legal options but we cannot tell you what decisions to make. Our job is to represent your interests and help you look at things in an objective manner before you make decisions. We cannot referee confrontations between you and your spouse, although we can help you obtain a restraining order if domestic violence is an issue.

EMOTIONAL STRAIN

In a divorce action, the Court not only dissolves the marriage, but also makes a division of assets and debts of the parties. As a general rule, the Court tries to divide both equitably. This does not necessarily mean a 50/50 division. It means what the Court thinks is just and fair after considering the facts of your case. The division may, or may not, be 50/50. If not agreed to by the parties, the Court will also rule on other relevant issues such as child custody, determination of parent allowed to carry child as tax dependent, visitation, etc. It is possible to “try” only a portion of the case, i.e. if you and your spouse agree on custody but cannot agree on division of debts, then the Court will only listen to testimony regarding the division of debts and rule on that issue alone.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.