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4 Possible Responses To Divorce Papers

If you or a loved one are contemplating a divorce, reach out to an experienced divorce lawyer in Alameda County, CA whom clients entrust their representation during the divorce process. There are many ways in which divorce lawyers can assist their clients. The following are four possible responses divorce lawyers wish their clients to know. When served with divorce papers, clients have multiple options for responding. Because each marriage situation is different, with its own nuances, each response to divorce should be as unique. Many believe there is only one clear path to divorce after intent is provided via the divorce papers. However, there are actually four different types of responses, of which a skilled attorney will advise their client on the best course of action. 

  1. The first response to divorce papers is no response at all. Once presented with divorce papers, a client may choose to do nothing. By choosing not to respond or act a client defaults and gives up their right to participate in the divorce. A client may wish to default on divorce because they wish to grant their spouse everything they are asking, or if they truly do not want to proceed with the divorce process. Divorce lawyers, such as those from Kempen & Company will work with their clients if they desire to default on their divorce, ensuring that they are fully aware of all this decision entails.
  2. The second response a client can give their spouse after receiving divorce papers is to default in agreement. If you and your spouse have settled upon a mutual dispersion of assets, and child custody and have had a notary witness your signatures upon your written settlement then your course of action is called defaulting in agreement. An attorney can still assist their client in this default by ensuring they are not entering an unfair settlement. 
  3. Filing a response in the agreement is a third response that can be given by a spouse after receiving divorce papers. Moving forward with an uncontested divorce, your agreed-upon settlement will be taken to court. The notarized, signed statement of settlement which contains the division of assets, child custody, alimony, etc. will be presented in court stating your agreement with your spouse. 
  4. If you and your spouse cannot come to a mutually agreed upon settlement, the fourth response to divorce papers would be to file a response in disagreement and take your case to court. A divorce case is considered contested if you disagree with the terms of the divorce presented by your spouse. Whether a client disagrees with one, or all terms of their spouse’s settlement, the contested divorce case may be taken to court with a judge deciding the outcome of the divorce for the client and their spouse. In all responses, especially filing a response in disagreement, a divorce lawyer may be of extreme value to their client. An attorney possesses years of experience and insight into the legal system to best serve and advise clients in their divorce processes.  
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