In part one of our series, we talked about the differences between divorce versus parentage, getting started on a case, and serving notice. We know it’s a lot to absorb, which is why we’re breaking this up into a multi-part series. Let’s get into part two, shall we?
Answering a Divorce or Family Law Pleading
The respondent will be defaulted without answering to the pleading. Pleadings are a list of facts or claims as the petitioner sees them. Examples include:
- We were married in 2004
- We have 3 children together
- Respondent is the sole income earner
- Petitioner is a stay-at-home parent
The answer to each claim must be either to admit to or deny the claim or claim insufficient knowledge of the claim. Not answering a claim is virtually the same as admitting to the claim.
You may also file your own pleadings under the same case. If your spouse files for divorce, you can file for child support and alimony.
What Can Be Asked for in a Pleading?
First, it must be determined if the pleading is related to a divorce petition or a parentage petition. If a divorce is being requested, the court can be petitioned to award you a division of the marital assets and debts, an award of alimony, a parenting schedule and child support. Petitioning the court regarding a parentage action, the ask can only be for a parenting schedule and an award of child support. Based on the discovery of facts as the trial gets underway, the court will decide how these matters will be determined.
Before the Court Can Decide on the Pleadings
In ideal circumstances, and more common than not, the parties are able to come to an agreement on the matters at hand through mediation and negotiating a settlement agreement.
Until then, the court requires both parties to comply with what is known as “discovery.”
Both parties to the suit must complete and file a financial affidavit. This form is required to be filled out by all family law petitioners and respondents which details their assets, debts, and income. This piece of information is a public filing, therefore PII information shouldn’t be included in the affidavit. All other documents that contain PII such as social security numbers and bank account numbers are instead exchanged between the petitioner, respondent, and their attorneys.
Items that the parties need to exchange in discovery (not all items are applicable for every couple):
- The past three years of all state (if applicable) and federal income tax returns as well as personal property tax returns and gift tax returns (if applicable).
- W-2s and/or 1099s for the current year if taxes have not yet been submitted.
- Pay stubs for the prior three months of the filing of the financial affidavit. If no pay stubs exist, other records of earned income must be submitted.
- If other income sources exists over and above paystubs, a statement must be provided by the producing party identifying the amount and source of all income received during the prior three months.
- All loan applications and financial statements within the prior 12 months used to obtain (or the attempt to) credit or purchases.
- All present leases, any deeds within the last 3 years, and all promissory notes within the last 12 months.
- The prior 12 months of account statements such as savings, money markets, etc., and the last three months of checking account statements.
- The most recent 401k statement, IRA statement, other similar accounts (if applicable)
- All life insurance policy information including the declarations page and most recent statement. All current health and dental insurance cards (if applicable) which cover either spouse and their dependent children.
- Credit card statements for the last 12 months.
- All written agreements between the parties whether before or during the marriage, as well as any modifications of those agreements if they exist.
- Any documentation and tangible evidence supporting an asset or liability as being qualified as nonmarital.
- Any prior court orders pertaining to parties either paying or receiving spousal or child support.
As you can see, there is a great deal of evidence that a court must go through when determining the outcome of a divorce petition. That will conclude part two of this series as it is a lot to absorb. In the final part to this series, we will be looking at temporary relief, the children’s role in the process, mediation, the trial, and moving forward with the outcome.
