Being served divorce papers can feel overwhelming—it’s a moment where the ground seems to shift beneath you. Questions start spinning in your mind. What does this mean for me? What should I do next? It’s an emotional and confusing time, but you don’t have to face it alone. The Law Offices of Michael A. Robbins is here to guide you through the first steps to take, ensuring your rights and interests are protected.
If you’re based in Michigan and have been served divorce papers, here’s a clear, actionable plan to help you move forward with confidence.
Immediate Steps to Take
When you receive divorce papers, your response—or lack of it—can significantly impact the outcome of your case. Here’s what you need to do right away:
1. Don’t Ignore the Papers
It may feel tempting to set the papers aside or pretend they don’t exist. However, this is one of the worst things you can do. Ignoring divorce papers won’t stop the case from moving forward. Instead, the court may issue a default judgment, resolving the divorce terms in your spouse’s favor without your input. Addressing the situation head-on ensures your voice is heard.
2. Secure the Documents
Keep the divorce papers in a safe and easily accessible place. These documents include the complaint (outlining your spouse’s reasons for divorce) and the summons (explaining how and when to respond). Take note of important dates and deadlines, and avoid misplacing this critical information.
3. Understand the Deadline
Michigan law requires a timely response when you’ve been served with divorce papers. Typically, you have 21 days to file an answer if served in person within the state. If you’re served by mail or outside Michigan, the deadline may be extended to 28 days. Failing to respond by the deadline could result in a default judgment, leaving decisions about marital property, custody, and support solely in your spouse’s hands.
By acting promptly, you retain control over how your divorce proceeds.
Seek Legal Advice
Once you have your divorce papers secured and understand the specific timeframe you are working with, it is crucial to seek legal support immediately. Consulting an experienced attorney ensures you are well informed about your rights and responsibilities, allowing you to build a strong case and effectively advocate for your best interests. Here’s what you need to do:
1. Do Your Research
Look for attorneys with experience in family law, specifically divorce cases. You may also want to consider their track record and reviews from previous clients. This is an important decision, so take the time to find someone who fits your needs well.
2. Schedule a Consultation
Consultations allow you to discuss your case and gauge whether they are the right choice for you. Be prepared to ask questions and provide any necessary information about your situation.
3. Share Your Goals
During your consultation, clarify what you hope to achieve in your divorce. Whether it’s amicable co-parenting or protecting certain assets, your attorney should know your priorities so they can build a strategy tailored to your specific needs.
4. Review Your Papers Carefully
Work with your attorney to review all the paperwork. They’ll help you catch anything you might have missed and ensure you fully understand everything before moving forward.
With the right support, you don’t have to navigate divorce alone.
Respond to the Complaint
Once you understand what the divorce papers entail, it’s time to take action. Filing your response and possibly asserting your own claims are crucial steps.
1. Filing an Answer
Your first step will be filing an answer to the complaint. This document addresses the allegations made in your spouse’s initial filing. You’ll either admit or deny the claims and provide your perspective on property division, child custody, and spousal support. Filing an answer ensures your voice is heard in court and allows you to advocate for your desired outcomes.
2. Counterclaims (Optional)
You may wish to file a counterclaim against your spouse depending on your circumstances. This means not only responding to their claims but also asserting your own requests. For example, if you believe the proposed terms for property division or custody are unfair, your counterclaim provides an opportunity to present alternative solutions. Collaborating with an experienced attorney ensures you approach this step strategically and effectively.
Start Taking Control Today
Receiving divorce papers may feel like an emotional whirlwind, but you don’t have to face it alone. By addressing the situation promptly, seeking guidance, and responding effectively, you take control of your future.
At the Law Offices of Michael A. Robbins, we are known for providing compassionate, personalized legal advice during life’s most difficult moments. Our team has over 30 years of experience in helping clients throughout Michigan achieve fair and equitable resolutions in divorce cases. Whether your situation involves property division, spousal support, or child custody, we’ll fight for what matters most to you. Contact us today.