This blog is the second in a series covering the Divorce Process. Specifically, this blog looks at the Answer; the purpose of the Answer and what should be included. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, and you are required to file an Answer to a Divorce Complaint, please contact my office and schedule a free consultation.
Once a Divorce Complaint has been filed and served, the opposing party is then required to file an answer. An Answer must be filed within twenty-one days of the party being served. It is important to answer each allegation in the Divorce Complaint otherwise the allegations will be accepted as undisputed. Additionally, if a party fails to respond, after being served, that party will be considered in default and the complaining party may move for judgement on the basis of the facts they have alleged.
Two of the most important allegations in an Answer that almost always require are the date of separation and the factual basis for the grounds of divorce. Answers regarding the date of separation are important as this will almost always establish when assets of the marriage are separated and valued. The difference between a few months, sometimes a year, can mean a substantial change in the equity in a home, the value of a retirement, or the length of spousal support. Also, whether or not the allegations are confronted could result in the finding of a fault based grounds of divorce where one does not exist.
In addition to an Answer, most attorneys will respond with a Counter-Claim. This provides an opportunity for the responding party to allege alternative facts and grounds for divorce while also requesting relief.
If you have received a complaint for divorce and need an attorney in Williamsburg, York County, or New Kent County to respond with an Answer and/or Counter-Claim please contact Waltrip Firm, PC and schedule a free consultation.
Showing posts with label spousal support. Show all posts
Showing posts with label spousal support. Show all posts
Saturday, January 25, 2014
Wednesday, January 22, 2014
The Divorce Process - The Complaint
This blog is the first in a series covering the Divorce Process. Specifically, this blog looks at the Divorce Complaint; the various types, and what is included in the Complaint. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, and you are considering filing a Complaint for Divorce, please contact my office and schedule a free consultation.
Many times a Divorce commences with the filing of a Complaint. There are certain statutory requirements that a complaint must meet. If the complaint does not meet these very specific and necessary requirements it can either be rejected/dismissed by the Court, or the opposing party may file a demurrer and have the complaint dismissed. A few of the requirements include the names and addresses (if known) of the parties, that both parties are of the age of majority and can be sued, and also that the court has both subject matter and personal jurisdiction over the parties. There are also requirements when one party is a member of the Armed Services.
The Complaint must make specific factual statements that are the basis for divorce. If the basis is adultery, cruelty, or other fault based grounds, the filing party must allege the facts that give rise to the fault in the complaint. If a party fails to allege these facts, they may request to amend the complaint later, but maybe barred from doing so. It is best to make all well-grounded allegations in the initial complaint to avoid losing it later. This includes when making the prayer for relief.
The Complaint must also make a specific prayer for relief. This tells the Court what type of outcome the filing party is requesting. This may simply be a request to be divorced, but often it includes an award of spousal support, child support, physical custody of the children, attorney's fees, and equitable distribution of the marital assets. Like the factual basis for the divorce, if prayers for relief are left absent the filing party may be barred from amending the complaint at a later time.
The Complaint is only the first step in the process of divorce. However, it is important that the complaint have all of the necessary requirements regarding the parties, the basis for the divorce, and the relief requested. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, please contact my office and schedule a free consultation.
Many times a Divorce commences with the filing of a Complaint. There are certain statutory requirements that a complaint must meet. If the complaint does not meet these very specific and necessary requirements it can either be rejected/dismissed by the Court, or the opposing party may file a demurrer and have the complaint dismissed. A few of the requirements include the names and addresses (if known) of the parties, that both parties are of the age of majority and can be sued, and also that the court has both subject matter and personal jurisdiction over the parties. There are also requirements when one party is a member of the Armed Services.
The Complaint must make specific factual statements that are the basis for divorce. If the basis is adultery, cruelty, or other fault based grounds, the filing party must allege the facts that give rise to the fault in the complaint. If a party fails to allege these facts, they may request to amend the complaint later, but maybe barred from doing so. It is best to make all well-grounded allegations in the initial complaint to avoid losing it later. This includes when making the prayer for relief.
The Complaint must also make a specific prayer for relief. This tells the Court what type of outcome the filing party is requesting. This may simply be a request to be divorced, but often it includes an award of spousal support, child support, physical custody of the children, attorney's fees, and equitable distribution of the marital assets. Like the factual basis for the divorce, if prayers for relief are left absent the filing party may be barred from amending the complaint at a later time.
The Complaint is only the first step in the process of divorce. However, it is important that the complaint have all of the necessary requirements regarding the parties, the basis for the divorce, and the relief requested. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, please contact my office and schedule a free consultation.
Friday, September 28, 2012
What in the world is an Uncontested Divorce?
Almost every divorce client walks in to an attorney's office and the first thing they ask about is the Uncontested Divorce. And, its to be expected. Most law firms charge a flat rate for Uncontested Divorces, and the fee is usually less than what most people expect to pay for a Divorce. The truth is, there is no Uncontested Divorce.
What an attorney means when they advertise an Uncontested Divorce, is that if both parties are willing to enter into what is commonly referred to as a Property Settlement, or Stipulation Agreement, the attorney will draft an Agreement and the other necessary filings for a flat rate. But, most people in a Divorce are not in agreement about the matters in a Property Settlement Agreement.
A Property Settlement Agreement covers every aspects of the parties marriage from their home, vehicles, credit card debt, spousal support, child support, healthcare for children, etc. These are issues which most people may have an idea about but are not 100% sure on which side they fall. Of course, if an attorney says a party is entitled to spousal support, they are almost always willing to fight out a Contested Divorce to obtain this support. If not, then they will almost always compromise on the issue - even paying spousal support in some cases to leave the marriage in good will.
There are also a few pitfalls to an Uncontested Divorce that every client should be aware of. For example, does the flat fee cover court costs, depositions, service of process and what about postage? Many law firms have hidden fees with an Uncontested Divorce. Some firms charge between $75 and $100 per page for changes to the Agreement. Some of these changes maybe as simple as changing whether the Husband or Wife will cover the children's health insurance. This will take an attorney only moments to alter and a bill goes out for a $100.
What should a client do then? The best advice for someone hoping to keep their Divorce cost low and follow down the path of an Uncontested Divorce is to sit down with your spouse and write out the property that each of you intend to keep, any child custody arrangements, or even who will be responsible for what portion of the family debt. Something as simple as writing out who gets what can save hundreds of dollars in attorneys fees.
If you are considering an Uncontested Divorce - give me a call or email and I can help you work through these matters in a cost effective and efficient way.
What an attorney means when they advertise an Uncontested Divorce, is that if both parties are willing to enter into what is commonly referred to as a Property Settlement, or Stipulation Agreement, the attorney will draft an Agreement and the other necessary filings for a flat rate. But, most people in a Divorce are not in agreement about the matters in a Property Settlement Agreement.
A Property Settlement Agreement covers every aspects of the parties marriage from their home, vehicles, credit card debt, spousal support, child support, healthcare for children, etc. These are issues which most people may have an idea about but are not 100% sure on which side they fall. Of course, if an attorney says a party is entitled to spousal support, they are almost always willing to fight out a Contested Divorce to obtain this support. If not, then they will almost always compromise on the issue - even paying spousal support in some cases to leave the marriage in good will.
There are also a few pitfalls to an Uncontested Divorce that every client should be aware of. For example, does the flat fee cover court costs, depositions, service of process and what about postage? Many law firms have hidden fees with an Uncontested Divorce. Some firms charge between $75 and $100 per page for changes to the Agreement. Some of these changes maybe as simple as changing whether the Husband or Wife will cover the children's health insurance. This will take an attorney only moments to alter and a bill goes out for a $100.
What should a client do then? The best advice for someone hoping to keep their Divorce cost low and follow down the path of an Uncontested Divorce is to sit down with your spouse and write out the property that each of you intend to keep, any child custody arrangements, or even who will be responsible for what portion of the family debt. Something as simple as writing out who gets what can save hundreds of dollars in attorneys fees.
If you are considering an Uncontested Divorce - give me a call or email and I can help you work through these matters in a cost effective and efficient way.
Subscribe to:
Posts (Atom)