The spouse who files for divorce is called plaintiff and the other one defendant. For filling a divorce, you require the services of a professional divorce attorney or divorce lawyer.
What Does Filing for Divorce Complaint Include?
Filling for divorce begins when the divorce attorney of plaintiff files a case for divorce in the court. The complaint which the attorney files includes:
- Residency period and place of the spouse
- Name and age of the children (in case there are children involved)
- Place and date of marriage
- Divorce ground on which divorce is being claimed
- Issues of divorce
Is Hiring of a Divorce Attorney Mandatory for Filing a Divorce?
Hiring of a divorce lawyer is not mandatory. The divorce laws of all the states of the US allow you to represent yourself in the court in case you cannot afford a divorce attorney or do not want one. However if you are unfamiliar with the court proceedings then it is highly recommended to engage the services of a divorce attorney because s/he can represent the case in a professional manner.
Answering Period Given to the Defendant
Once the claim for divorce is filed, the court sends summon to the defendant either by sheriff, certified mail or privately. The defendant will be given some time for replying to this summon and the answering period is usually of 30 days from the date of filing. If the defendant is living out of the state in which summon is issued, a longer answering period will be awarded.
After responding to the complaint, the defendant has the right to file a counter-complaint. If the defendant does not respond to the complaint, the divorce court will declare a default judgment.
For claiming a spousal/child support you should show the income statement and expenses to the court. Once the divorce id declared these issues are difficult to sort out. Therefore it is recommended to address these issues when you are filing for divorce.
