Divorce Guide

Divorce Guide

Responding to a divorce in DIY divorce

You are a defendant in a divorce case if you have been served with a copy of the court orders called Summons, Complaint and Notice of Automatic Court , Firstly, Read all the papers thoroughly and the notice carefully. The notice mentions a Return Date. It is the time given to both the parties to complete an agreement file which includes agreement over issues like child custody assets, parenting and visitation issues. If there is any disagreement you and your spouse may go to the court.

To represent yourself and to participate in the case, follow a stepwise process. Upon receiving courtís copy reply the complaint (even if you agree with what your spouse says in the complaint and take no action or disagree). The very first step is to file an appearance form. It informs the court that you are handling your case by your own and no any attorney.

Consequently, you will receive a court calendar, mentioning important dates like trial date, and other papers related to your case from the court. Also, court will assign you the docket number. Docket number is your case number and is used in all the related documents and used as reference wherever required.

Cross Complaint: By filing a cross complaint you may ask the court what you want. Itís a good idea to answer the complaint filed against you. Moreover, there is no court fee or restriction in filing it. It also allows the case to continue even if the other party withdraws the case from their side. The forms for filing a cross complaint are available at court clerkís office. Read the instructions carefully before filing the form and make sure to check a box at the top of the form showing that you are filing the cross complaint. Remember to keep a copy of each document.

Motion: Itís a written request made at the court clerkís office. You do not have to wait till the final judgment and may ask the court for orders concerning child support, custody, visitation and assets anytime.

You will receive court orders before the divorce judgment. You and your spouse must make the agreement statement by this time.

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