Tag Archive for: divorce papers

How Long Should You Keep Divorce Papers?

Your arduous Bucks County divorce process is finally over, and you have the papers to prove it. While you may be tempted to rip them to shreds, throw them away, and never think about the process again, you should plan to hold on to them. You’ll probably need them in the future.

How long should you keep divorce papers? Ideally, forever. Learn why you may need your divorce papers down the road and which documents you should keep in a safe space. 

Do You Really Need To Keep Divorce Papers Forever? 

Maybe your divorce was finalized 20 years ago, and you just stumbled on the paperwork hidden in a drawer somewhere. Is it safe to throw it away? Unfortunately, no. 

Any divorce attorney will tell you to keep your complete divorce file forever. Store this paperwork in a safe place, such as a locked, fireproof legal document storage box or a safe deposit box at a bank. You’re also welcome to tuck it away in a basement or the back of a closet and avoid looking at it; just ensure it’s easily accessible should you ever need it. 

What Will You Need Your Divorce Paperwork for in the Future?

How long should you keep divorce papers, and which ones take precedence? If your spouse signed any child custody or alimony agreements, you’ll want to keep these on hand as proof of their responsibilities under the arrangement. In the case that your spouse fails to follow one of these orders, you can bring the original agreement to court to prove your spouse’s wrongful behavior. 

You may also need your divorce paperwork for future endeavors, such as:

  • Changing your name
  • Remarrying
  • Applying for a mortgage
  • Claiming Social Security benefits (if you were married for more than 10 years)

Which Documents Should You Keep From Your Divorce?

You should keep your entire divorce file in a safe place. At the very least, store all of these documents somewhere secure:

  • Divorce decree with the raised seal
  • Separation agreement
  • Marriage license
  • Spousal and child support records 
  • Property appraisal documents
  • Financial records

What Happens If You Lose Your Divorce Papers?

If you misplace any of your divorce papers, you can request a new copy from the court where you finalized the divorce. Contact the clerk of courts and provide the date of your divorce, your name, and your ex-spouse’s name. 

You may need to pay a fee for the new copies of the paperwork, which can take some time. Hanging on to the original paperwork will ensure you always have access to these documents when you need them. 

Contact Karen Ann Ulmer, P.C., for Divorce Assistance

Navigating a divorce doesn’t stop once the divorce is finalized. You’ll likely encounter questions about your divorce for some time after the process is over. If you need assistance with your divorce before, during, or after the process, Karen Ann Ulmer, P.C. is here for you. 

Contact us today at (866) 349-4461 for a consultation. We’re committed to calming the chaos and creating solutions for you. 

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I Have Been Served With Divorce Papers in Bucks County. What Should I Do Now?

Divorce papers should not be a surprise, though, for some, the fact they have divorce papers in their hands comes as a shock. Whether you expected them or not, there is no need to panic. Collect yourself and call our office so we can talk about your situation. 

If you are in Pennsylvania, you should have the: 

  1. Cover sheet: This tells you what the paperwork concerns, who filed it, and the name and contact information of your spouse’s attorney if they have one.
  2. Notice to defend: It provides information on how to defend yourself and retain the services of an attorney. 
  3. Complaint: This has multiple pages and requests a divorce. It should cover factual details of your marriage, you, your spouse, and your children. It should also have requests covering child custody and support, property division, and alimony. 
  4. Verification page: Your spouse signs this document to state that what is in the complaint is true. 

You may have received the divorce papers in the mail or been given them by a sheriff. 

What Should I Do? 

You can be angry or emotional but do not rip these papers up or throw them away. Do not get angry with the sheriff. They know nothing about you or your spouse, and they are just doing their job. You also should not panic because there is no need for an immediate response, though you should not ignore what is happening either.  

  1. Get information and advice 

Though you have your spouse’s lawyer’s name and phone number, it is not a good idea to call them. Their job is to help their client, not you. Call our office. We will answer your questions about the process, describe your obligations, and tell you about mistakes you should avoid. We can schedule a free consultation if you want to discuss retaining our services. 

We should review the papers to see if you need to respond and, if so, how and when. You should do so if you want to raise new claims (equitable distribution, spousal support, or alimony), which are a part of most divorce cases. 

  1. Take action and get organized 

After talking to us, you may freeze joint bank accounts and secure joint assets. If your spouse kept their desire to divorce a secret, they might have withdrawn money and assets from joint accounts just before you were served. If they cannot be convinced to return your fair share, a judge may order them to return the money or provide spousal support while the divorce proceeds (alimony pendente lite). 

If you are both parents of children 18 or younger (or older under some circumstances), the children must be supported. If the other spouse has financially cut off you and your kids, we should discuss seeking child support. 

If your spouse can access your current email account, you should get a new email address with a new user ID and password to ensure your communications are kept private. You should also get a post office box or a private mailbox at a local provider because you may receive paper documents during your divorce, not just emails. 

If you have not done so already, it is time to collect and organize documents covering your financial situation. Part of the divorce will be equitably dividing marital assets and debts. This includes documents covering taxes, income, accounts (bank, investment, and retirement), insurance, property (real and personal such as vehicles and artwork), information on a business you and or your spouse own, credit cards, debts, and mortgages. 

If you have a child with special needs, organize documents covering their diagnosis, medical bills, and educational needs. Tuition bills are also crucial if your children attend private schools or college. 

3. Get the Help You Need From an Attorney You Can Trust 

If you are served divorce papers, call our office at (215) 608-1867, so we can schedule a consultation to discuss your situation and how we can help. We can speak over the phone, hold a teleconference, or meet in our Doylestown or Langhorne offices.  

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How Are Divorce Papers Served?

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You may read stories about people trying to avoid being served with legal papers. This rarely happens, and in most divorces, this critical step is handled without drama by spouses who understand their marriage is ending. 

A divorce is a legal action. A necessary step in the process is serving the non-filing party (the defendant) with the complaint. Most divorces are not surprises, and agreements are often worked out before a divorce complaint (which is filed with the court stating the party seeks a divorce, why, and the basic facts of the case) is finalized. Usually, service, though necessary, is a formality. 

What is Being Served? 

That complaint is completed and filed with the court. A copy is provided (or served) to the defendant. The court will not want to proceed without proof the other spouse has a copy of the complaint. 

In Pennsylvania, your spouse must be “personally served” with the complaint (though that does not necessarily mean they are handed the complaint), a notice that the party can defend their rights, a counseling notice, and any other documents filed with the complaint at the courthouse. This must be accomplished within 30 days of the complaint’s filing (90 days if they live out of state). 

How Can My Spouse Be Served? 

Service can be accomplished by: 

  • An unrelated individual older than 18 hands the documents to your spouse and fills out an affidavit describing how that happened. There are companies whose employees provide this help (people referred to as process servers) as well as the local sheriff’s department. 
  • Certified mail with restricted delivery is a cheaper route and an option when the two of you cooperate to end your marriage. With this kind of delivery, there would be an acceptance of service form for your spouse to sign. 
  • The defendant’s attorney accepts service on their client’s behalf. If your spouse is not represented, they may consent to our office mailing them the complaint, and then they fill out the acknowledgment of service form. 

The defendant has 90 days after service of the complaint to file an answer in response. The service process is similar in New Jersey, but the defendant has 35 days to file an answer. 

Why Should I Not Do This Myself? 

There are many benefits to hiring an attorney to represent you in a divorce. The process can involve several steps involving various filings with different requirements and deadlines, depending on your case’s complexity and how much the two of you work together to finalize the divorce. 

A significant benefit of retaining our services is we deal with all these details, including service, not you. You do not have to worry about whether your spouse will try to run and hide from the process server or if the service will be on time. You will not have to spend time recruiting your neighbor’s unemployed son to serve the papers. 

Divorce is stressful enough. Why add to it by trying to do it on your own? Making sure all the requirements of the divorce process are followed is a crucial part of what we do. This allows you to spend your time and energy on more important things like your well-being, job, and kids.  

Contact Karen Ann Ulmer, PC, today because we are here to help. If you are considering getting divorced and have questions, or you have decided it is right for you and you need legal representation, call us today.

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