Raleigh North Carolina Divorce Attorneys, Gailor Wallis & Hunt, explains how to file a claim for divorce
2008-10-30 06:03:32 (GMT) (Caymanmama.com - Law News)
Raleigh, North Carolina divorce attorneys explain the steps a divorcing couple should take to file a claim
Raleigh, North Carolina (CaymanMama.com) — According to the experienced legal team at the Raleigh, North Carolina divorce law firm of Gailor Wallis & Hunt, PLLC, divorce is both an emotional transition and a complex business transaction.
Divorce can and usually does have a dramatic impact on a couple’s financial wellbeing as well as family’s emotional wellbeing. Part of the strain usually comes from the unexpected — not knowing the proper steps to take if a couple decides to divorce and how to start over while keeping integrity in tact.
One of the first questions a divorcing couple has is “how do I file a claim for divorce?”
Step 1 - Prepare and file a complain document that will notify the court and the other spouse (defendant), when served, that it is desired that the court to end the marriage. This document also lists any requests the claimant may have such as child custody, child visitation, child support, spousal support, property division, attorney’s fees and costs.
Step 2 - Serve a cop of the complaint to the defendant. After being served, the defendant has 30 days from the date of service of the complaint to give an answer back to the court. As per the Gailor Wallis & Hunt website, “If the defendant requests an extension, it is common for that party to be granted an additional thirty (30) days to serve an answer. The defendant may raise a counterclaim that is a part of the same pleading containing the answer. If the defendant files a counterclaim, the plaintiff must serve a reply within thirty days (or sixty days if an additional thirty day extension is granted).”
After both steps are completed, it is up to both parties to agree on the matter. If they do not agree, a trial may be called on one or more of the claims.
In the best case scenario, some or all of the case may be resolved by agreement after a claim is filed. However, a lawsuit may not always be necessary since the majority of cases are resolved by agreement either before or after a lawsuit is filed.
www.gailorwallis.com
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