When you’re going through a divorce or legal separation, it essentially becomes a legal battle between you and your partner. You’re seeking legal orders to safeguard your rights, particularly concerning seeing your children and protecting your financial interests. Given how critical these matters are, both parties need to be fully aware that a legal process is underway and understand exactly what each other is seeking.
Especially when children are involved, the Summons and Petition must include detailed information about their welfare.
The purpose of the Summons is simply to let your spouse know that you’ve initiated legal proceedings for divorce or separation. Whoever drafts the Summons must file it with the court clerk and ensure copies reach the Court, Family Court Commissioner, and your spouse. The Petition, which outlines your requests from the divorce, is attached to the Summons. You might also include other documents like a temporary orders affidavit or financial statements, depending on what’s needed for your case.
The Petition itself kicks off the divorce or separation formally. After filling it out, it too needs to be filed with the court clerk and copies sent to the appropriate parties. It should contain personal details about you, your spouse, and any children, such as names, birth dates, where you live, military status, and other relevant personal history, including your marriage details and any agreements you had before or during your marriage.
What You Need to Know
A divorce with children by summons is the best option when the relationship is extremely fractured, toxic or even abusive. This option is also used if the other party is currently incarcerated. In this type of divorce your ex will need to get served divorce documents by a licensed sheriff or private process server. It requires hearings, possibly mediation and working with the court staff. This type of divorce takes approximately 6 months to be finalized.
This type of divorce requires first for your ex to be served, then you will both be required to attend mediation. The court will ask your ex to provide financial information in order to calculate child support and he/she may submit a proposed parenting plan. Any assets that need to be split will be discussed during mediation and discussions regarding any spousal support will also take time during mediation.
What is the most important thing you need to know?
This divorce requires knowing the address where your ex lives. Without this extremely important detail a sheriff or process server cannot due their job in getting the documents served.
What is a divorce by summons?
A divorce by summons is necessary when your spouse will not cooperate, or is just simply not a good idea to try to mediate prior to filing the divorce. You do not have to go through the arduous process of legal action which is often expensive and complicated. All you have to do is hire a lawyer and pay a minimal fee. If you work with a company such as ours this divorce does not involve lawyers therefore any legal proceeding will take place at your own home. You will be required to go to the court and file for divorce by summons. The procedure usually takes a few days and if you are on vacation, your lawyer will be able to file the divorce papers for you. How to go about a divorce by summons? It is important to note that the law is gender specific.
The advantages of this process
The biggest advantage of this process is that you don’t need to worry about if your ex is going to cooperate or not. For the most part the court staff will ask your ex for their financial information and for any paperwork they are responsible to submit. The court will be communicating with your ex directly and will schedule the hearings and mediation sessions.
Children are protected, as custodial orders can only be made for someone they know and trust. Both parents are well aware of the other’s whereabouts. The children are kept in the picture. The time invested is kept minimal and minimal expenses are incurred by both parties The reasons for the order Child custody is typically awarded to the mom, because she has custody of the child while the dad has no legal obligation to pay child support. That being said, if the mom doesn’t see her child enough, it can be a deciding factor in the order. For divorces with children by summons, if you are getting the decree for parenting time and visitation, you must decide who you want to have custody of your child, including who will pay child support.
The disadvantages of this process
Legal fees are potentially huge – some people claim it is the most expensive way to file a divorce. There may be travel time and expenses, too, if the other party lives elsewhere. The divorce is not finalized until it’s completed in court. Many people who go this route never go to court because they are too upset or scared about the outcome. The divorce by summons doesn’t provide any relief for marital property, but that can be resolved later. What you need to know about a divorce by summons I have represented many clients who made the decision to go through the court process without a divorce by summons. This decision usually boils down to the fact that their partner was abusive. They also wanted to avoid the time, cost and hassle of dealing with their partner’s family.
How to get the divorce with children by summons
This divorce with children option starts with getting the right forms prepared. You will need the correct petition, Unified Child Custody form, notice of social security form, financial affidavit and at a minimum a proposed parenting plan and other forms.
Once the forms are prepared they need to be signed in front of a notary. When they are signed they will need to be filed through the court online portal or brought to the clerk of court in person.
The clerk will then activate the summons and a copy of most of the documents filed need to be provided to a licensed sheriff or process server who will legally serve the documents to your ex.
Once your ex is served he/she will have 20 calendar days to respond to the petition in writing.
If your ex files an answer the court will refer the case to mediation unless your ex indicates he/she is in agreement and files an answer and waiver, however, since child support will still need to be calculated the court will request a financial affidavit to be filed by your ex (the respondent).
It is usually approved when one party has not made efforts to modify or improve their family relationship. This option is also used if the other party is not willing to accept the children as part of the family, but has taken steps to attempt to reconnect with them. This option is the same as if you were going to file for a divorce but were taking time to sort through the entire process before making a final decision.
Conclusion
In conclusion, this type of divorce is very common and effective to end a contentious or difficult marital relationship. It is also used to end the marriage when a divorce by separation or annulment would not be possible due to the necessary length of time that the proceedings take or the required irreconcilable differences.
Other Pages: