Divorce is a court matter. It’s the judicial separation and dissolution of a legally binding marriage and without it neither party can have the matrimonial contract set aside. Unfortunately it’s often an emotional time too, and feelings don’t tend to mix well with the law.
Sending and receiving divorce papers isn’t pleasant, but it’s got to be done. Usually with the help of an attorney you’ll file the case for divorce which is rarely heard before a judge and is rarely disputed apart from the financial element. In fact, the serving of documents is much more of a formality than some people make out, although it is still important to make sure you understand what you’re doing and the gravity of your decision.
Sending Divorce Papers
Sending divorce papers to your former spouse isn’t usually something that can be done alone. Your attorney will be knowledgeable about the procedures for divorce processes in your local area and will be best placed to advise you on how to proceed. Make sure that before you send the papers you are happy with your decision to go through with divorce and that you are satisfied that your marriage has broken down – this is usually seen as the point of no return.
Receiving Divorce Papers
You don’t need an attorney to receive divorce papers, although if you’ve not already spoken to a solicitor by the time the papers are served upon you it might be best to make an appointment. More often than not you’ll be asked to sign for the papers upon arrival, as a means of ensuring there is evidence of your receipt. Take your time to read through the details, including the grounds for divorce. Most of the time, this won’t be contested and will be something of a general ‘break down’ clause, which alleges no blame. However it’s important to make sure you understand the content of the papers to be sure you’re not getting the raw end of the deal.
Keep in mind the feelings of your partner and try not to get spiteful when exchanging the papers. Whilst it’s a difficult time for you both, the legal side needs to be taken care of so you can both move on and cooperation with the process really helps speed things along to resolution, which is undoubtedly best for both you and your former partner.
