I’ve Been Served with Divorce Papers, Now What?

Being served with divorce papers in Missouri can feel overwhelming. You may not understand what the papers say or know the next steps to take. Importantly, do not ignore these papers. Even if you hope that you and your spouse might reconcile or come to an agreement without going to court, disregarding divorce papers can result in a default judgment being entered against you.

The following are several steps you should take immediately after being served with divorce papers to help ensure your legal rights and financial interests are protected:

1. Read the Papers Carefully

The papers that are served to formally start a divorce action are referred to as the “Summons and Complaint.” Take the time to read these papers carefully. They provide a significant amount of information about the case, including:

• The court where the divorce action was filed
• The alleged grounds for divorce
• The relief your spouse is requesting
• Proposed arrangements for child custody, child support, spousal support, and property division
• How long you have to file an answer

By reviewing the papers, you can also find out whether your spouse filed the divorce action as a “pro se” litigant or if they retained an attorney.

2. Consult with a Divorce Attorney

The first thing you should do after you’ve been served with divorce papers in Missouri is consult with an experienced divorce attorney. They can explain the legal process, help ensure your rights are protected, and discuss what happens next in your case. In addition, there are certain procedures and deadlines to be aware of that a divorce attorney can help you navigate. Even if you agree with the allegations and relief your spouse is requesting, it’s essential to have legal counsel by your side to advocate for your interests if your case later becomes contested.

3. Prepare Your Response

If you do not file a response to the Complaint within 30 days, a default judgment could be granted to your spouse. This means that your spouse would be able to finalize the divorce and get the relief they requested regarding property, child custody, child support, and spousal support without your participation. While a default judgment may be set aside if you can show good cause for not answering the Complaint, it’s best not to depend upon your case being reopened. The process of attempting to vacate or reopen a default judgment can be time-consuming and costly, and there is no guarantee that a judge will grant your motion.

4. Begin Gathering Your Documents

A significant amount of documents are needed during the divorce process. It’s vital to begin gathering the information you will need as early as possible to keep organized and save time later. After you’ve been served with divorce papers in Missouri, you should start to gather the following documents:

• Tax statements
• Bank statements
• Mortgage statements
• Property deeds
• Vehicle titles
• Credit card statements
• Retirement information
• Payroll information
• Any prenuptial or postnuptial agreements

Keep these documents in an organized folder so they are easily accessible. Your attorney will also ask for these documents so they can learn about your financial situation and have the information necessary to negotiate a fair settlement on your behalf.

5. Take Steps to Protect Your Assets

It’s important to take the steps necessary to protect your assets once you’ve been served with divorce papers. Create separate inventories for all property acquired during the course of your marriage and property owned by you or your spouse before marriage. Refrain from making any large transactions to avoid accusations that you are dissipating marital property. Notably, transferring property to others or making major financial purchases may violate the automatic orders that were put into place once the divorce action was commenced. Consider creating a separate account to establish financial independence, secure your personal funds, and prevent your spouse from depleting your assets.

6. Safeguard Your Communications

After you’ve been served with divorce papers in Missouri, it’s crucial to maintain your privacy. Change all passwords, including those associated with your phone, computer, social media, and any financial accounts. Even if you don’t think your spouse knows your passwords, it’s best practice to update your credentials to ensure unauthorized access is prevented.

7. Be Careful of Posting on Social Media

It’s best to avoid social media during a divorce. Anything you post (or others post) on your profile can potentially be used against you in court. Regardless of whether you have your account set to “private,” your posts, messages, photos, and other content can all be subject to discovery during the divorce process and potentially harm your case.

Contact an Experienced Missouri Divorce Attorney

If you’ve been served with divorce papers in Missouri, a skilled attorney can guide you through the legal process and help you achieve a positive outcome in your case. Divorce and family law attorney Mark A. Wortman is dedicated to providing reliable representation and trusted counsel for clients facing divorce in the greater Kansas City, Missouri area. If you are going through a divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help. You can contact Mark online or by calling (816) 523-6100.