QUESTION
What should I do if my wife filed for divorce?
Asked on Feb 11th, 2011 on Child Custody - Tennessee
More details to this question:
I just found out that my wife has filed for divorce. What should I do?She has transferred most of our savings to an account that she won't disclose. We have two children that I love very much and would like to maintain custody. What do I do?
13 ANSWERS
Family Law Attorney serving Hackensack, NJ
at
The Law Offices of Stuart Jon Bierman
Update Your Profile
You should consult with a lawyer right away. You only have a limited amount of time to file papers in response to the papers your wife filed with the court. You have a lot to lose if you do not handle this properly and a consultation with a lawyer (not a non-lawyer who may be overestimating their knowledge of what goes on at courthouses) is the best way to go.
Answered on Feb 14th, 2011 at 12:43 PM
Hire an attorney immediately.
Answered on Feb 14th, 2011 at 7:13 AM
Theodore W. Robinson
The first thing to do if you've been served with a Summons and Complaint for Divorce is to make an appointment with a Matrimonial attorney to discuss your options. If you want to retain custody of your children, you have more of a chance now than ever before. However, it will always depend upon what is in the best interests of the children, which is the primary determination that Judges must make in divorce cases. Usually, those type of issues get settled in some fashion so the children don't suffer and both you and your spouse know what's going to happen in advance of going to court. If she's transferred joint savings or any money that she's saved that was earned throughout the term of your marriage, then that will be recoverable and a negative inference may be taken against her for effectively trying to steal from you.
There are far too many issues to fully discuss here and that's why I highly recommend you speak to an attorney right away. Good luck.
Answered on Feb 13th, 2011 at 3:43 PM
You need to see the "petition for dissolution". This is a document that is filed with the court in your county and states what your Wife wants the terms of the divorce to be when it is final. This would decide who has custody of the children, how support for the family is decided, what happens to any property you own (such as retirements, vehicles and/or accounts). It is a very powerful documents. . . . .
When you "accept" a copy of the petition or if you are served by the sheriff, you will only have 30 days to answer. If you do not file an answer stating that you disagree with her request, it may be possible for her to be awarded what she requested in the original petition without your input.
Do not ignore this under any circumstances. Whether you can afford an attorney or not, you must be aware of what she has requested.
Answered on Feb 12th, 2011 at 5:43 PM
Criminal Defense Attorney serving Temecula, CA
at
Joseph A. Katz Attorney at Law PLC
Update Your Profile
First, you respond, with your Response, immediately. Though she is governed by what are called 'Automatic Temporary Restraining Orders' ('ATRO's), abuse is common and almost never punished. You should file an Ex Parte OSC with your Response, to demand disclosure and immediate equal division of those funds. Otherwise, she will spend them and will get away with it by saying that she needed the money for "the necessities of life". Act fast. 'Equity aids the vigilant, not those who sleep on their rights.' That's a fact. There is no gender presumption in California. You may have additional unpleasantness in the litigation if you wife is going to try to say that you abuse drugs, are an alcoholic or are physically or verbally abusive, but you can combat those allegations, if they are made. Otherwise, there are no obstacles to your having joint legal and physical custody, and 50/50 visitation. Assume that you will. For example, 'week on/week off'. Make it happen.
Answered on Feb 12th, 2011 at 9:28 AM
Alternative Dispute Resolution Attorney serving Birmingham, MI
Partner at
Berry Moorman Professional Corporation
2 Awards
Contact and consult with a divorce attorney immediately.
Answered on Feb 12th, 2011 at 9:13 AM
Personal Injury Attorney serving Atlanta, GA
You need to hire an attorney to answer the lawsuit and pursue her for the money transfered etc. Feel free to email or call me if you would like to discuss further.
Answered on Feb 12th, 2011 at 7:13 AM
Lee Ciccarelli
The initiation of a divorce by a spouse is always a significant event and should give you reason to pause and consider your best options. You have options; and you have rights and it is a matter of taking sensible, but persistent and aggressive steps to stand up for your family, your children and your rights. It may make sense for you contact us to speak with family lawyer Joshua Janis.
Answered on Feb 12th, 2011 at 5:13 AM
You have 30 days to respond to her divorce papers in writing. How you respond is very important and will dictate a lot of what comes next. You will have the opportunity to fight for custody of your children. You need to talk to a family lawyer as soon as possible so you can get started on your case. I would be happy to give you a free phone consult and hopefully put you on the right path. Please call me. I have helped many men in your position before, and I know the path you will have to take. Again, time is of the essence here, so whether it's me or someone else, talk to a lawyer as soon as you can.
Answered on Feb 11th, 2011 at 8:58 PM
Normally, if your wife filed for divorce, the next step would be for her ( or her attorney) to have the divorce papers physically served on you. In California there is procedure where the papers are mailed to you and you are given 20 days to sign an acknowledgement of service and return that paper to the sender. Once you are served or have accepted service you have 30 days to file a response with the court. You should consult with an attorney as to your remedies as far as the money that was transferred and establishing how the two of you will be sharing the children in the future.
Answered on Feb 11th, 2011 at 6:58 PM
1 Award
Once you are served you have 30 days to file a Response, but there is no reason to wait that long. You should seek counsel from a good family law lawyer in your area and start planning a strategy. The next few weeks can make a big difference in how you do in your divorce.
Answered on Feb 11th, 2011 at 6:43 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
It is important to review your situation with a divorce attorney as soon as possible to determine what your options are.
Answered on Feb 11th, 2011 at 6:43 PM
William C. Gosnell
Hire a lawyer immediately.
Answered on Feb 11th, 2011 at 5:58 PM