Initiating a divorce, especially for first-timers, can be a complicated and confusing process to make. However, with the right guidance, you may be able to go through this process and move forward with your life. Once you are certain of your decision, seek help with Woodstock legal aid.
The Law Firm of Caryn S. Fennell is your go-to family lawyer in Woodstock, GA. We have decades of legal experience and we have already handled thousands of cases including divorce. Our law firm can help you go through this difficult phase in your life, call us today to schedule for a free legal consultation. Read on to know the step-by-step process of serving, filing, and going through a divorce.
Planning and initiating a Divorce
In Woodstock, GA the divorce procedure starts by filing a Summons and a Petition for Dissolution. The petitions, Form FL100, and any other appropriate attachments and documents. These will serve as fact check and any request that a Woodstock lawyer need for the court to rule on later. For couples who have young and minor children, you must file a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act.
Serving the Divorce Papers
Serving divorce papers, also called as service/service of process is a crucial step. To be validated, the service must adhere to the legal requirements. Formal service is mandated any time papers are filed in the court by a particular party.
For initial divorce papers, hiring a family lawyer in Woodstock, GA is required. This means a professional process server will physically hand the papers to the respondent, which must be done if the server is not interested in the case filed.
Once you initiate a divorce, sending notice to your spouse must follow the legal requirements of attorneys in Woodstock. Explicit notice is mandated to keep both parties updated. The petitioner (petitioning spouse) must file necessary documents to the court clerk the proper jurisdiction. The court clerk then keeps the original files and issues copies to be served on the respondent (non-petitioning spouse)
Proof of Service
Hiring The Law Firm of Caryn S. Fennell will provide you a professional process server to handle the divorce papers for you. Attorneys in Woodstock highly-recommends this if purposeful avoidance is expected/suspected. The server is required to fill out a Proof of Service form which will be filed to the court for the divorce procedure to begin. Once the primary forms are served, a temporary order is issued in the court.
Other Party Chooses to Respond/Not Respond to the Divorce Papers
When a spouse is served with divorce files, you have a limited time to respond. If the party is unresponsive within a month of service, it will be considered as uncontested divorce. The respondent has the power to request changes to the divorce terms in the outlined petition. An unresponsive party can only mean two things – either the petition is illegal or the court will proceed with the divorce case filed and both are required to attend the court hearing. For instance, the couple come to agreement terms directly, without the court rather sending an official response. If this is the scenario, a settlement agreement is done.