What papers do i need to file in response to a dissolution of marriage with debt and assets.
4 attorney answers
As stated, you need to file an Answer admitting or denying each of his allegations and you have 20 calendar days from the day you were served to do so. A counter-petition would also be helpful, as stated, to make sure he doesn't voluntarily dismiss the case if he doesn't like how it's going, and also to state your position and claims. You should consult with an attorney if at all possible, as there may be things that you are entitled to that you are not even aware of. As for the forms, you should be able to go down to the Courthouse and go to the Self Help center and purchase a packet of forms to assist you. Of course, having an attorney to guide you through the process would be best.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Your husband can not force you to change your last name. Your response to the Petition should deny that allegation, along with all the other allegations contained in the Petition that you disagree with.
IF you are not seeking any affirmative relief, such as alimony, then I am not so sure you need to file a counterclaim [and thereby avoid the filing fee]; denying the allegations regarding lack of marital debt and lack of marital assets and requesting equitable distribution of debts and assets in an "affirmative defense" should suffice.
However, there is a good reason to file a counter-petition--to keep the case going in case your husband voluntarily dismisses his petition, which often happens when a petitioner does not like the way the case is going. By filing the counter-petition you ensure that all issues are decided. And you get the divorce SOONER as opposed to waiting for him to refile, or you refiling for divorce [the filing fee is over $400.00, as opposed to $275.00 for the counter-petition].
If you were served June 13 the deadline is in calendar days, not business days, so your deadline will be July 5, 2016, since July 3 is a Sunday and July 4 is a legal holiday.
If finances are an issues [and when is $ not an issue] consider retaining an attorney for limited representation. It can be just to prepare pleadings and exclude hearings; or for a hearing, only, and exclude pleading preparation. In an ideal world, for efficiency and continuity, you should have an attorney handle the entire case, but in the real world.....still, not having an attorney will also cost you money. Also, see if you qualify for legal aid representation
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You should definitely contact a local attorney to discuss the specifics of your case. Many offer free consultations. If you intend to do this on your own, you need to know that you have to file an answer within 20 days of being served. Then, as you disagree with some of the things he's said, you'll probably want to file a Counter-Petition. Both of you also need to file financial affidavits (and go through a mandatory discovery process) - in yours, be sure to list all of the MARITAL assets and liabilities - including the foreclosure and perhaps some of those vehicles if they are deemed marital.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
You only have 20 days from the date of service to file an answer. You need to retain an attorney as soon as possible to help you file an answer and counterpetition to address the marital debts and assets. #servingtheone
My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.
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