Episode #4: What To Do When Served With Divorce Papers
Oct 21, 2020
Gloria James-Civetta
- What should you do if your spouse serves you divorce papers?
- Why is it necessary to have a lawyer counsel you?
- What happens if your spouse refuses to act when served divorce papers?
- What if you can’t afford to get a lawyer to assist you in these divorce papers?
- Can I still communicate with my spouse after being served with divorce papers?
TRANSCRIPT OF THE PODCAST
Host Introducing Lawyers and Subject of Discussion:
Welcome to the law podcast brought to you by Gloria James-Civetta & Co, with us we have lawyers, Yvonne J. Schelkis-Sweeney. Our topic for today is “What do you do when served with Divorce Papers“,
Host Question No. 1
What should you do if your spouse serves you divorce papers?
Yvonne J. Schelkis-Sweeney
It’s easier said than done, but I would encourage that person who has been served to keep calm and act on a timely manner and look for an experienced divorce lawyer.
Host Question No. 2
Why is it necessary to have a lawyer counsel you?
Yvonne J. Schelkis-Sweeney
It is necessary because there is a lot of legal jargon into divorce papers. What we usually do is break it down into layman’s terms so that all could be understood by the man in the street.
Host seeking Clarification
So, it would be difficult if someone decided that they did not want to have a lawyer represent them. It would be possible of course but not advisable. Is that what you are saying?
Yvonne J. Schelkis-Sweeney
Yes, it is not advisable as they may not know the nuisances of making a certain decision where sometimes it’s clouded by myths and what other people in situations where they had their divorce decided, it could be to that detriment.
Host Seeking Clarification
So in other words, it would be advisable to get someone who knows what they’re talking about so that they can advise you accordingly, right?
Yvonne J. Schelkis-Sweeney
Yes, most definitely.
Host Question No. 3
What happens if someone refuses to act when served divorce papers?
Yvonne J. Schelkis-Sweeney
Usually, the court directs that there are 8 days to “Enter an Appearance”.
Host Stops Yvonne for Clarification
Okay, so I’m gonna stop you there. So, “Enter an Appearance” does that mean that you’ve got to be physically present there?
Yvonne J. Schelkis-Sweeney
No, you don’t have to physically be there.
What happens is, there is a document called a “Memorandum of Appearance“. When you come to us, you are served with a stack of documents that includes the “Memorandum of Appearance“. We file your appearance electronically in court that then stipulates that you have “Entered an Appearance“, and you want to participate in the divorce proceedings.
Host Clarifying
Okay, so that appearance that you’re talking about is actually those digital papers.
Yvonne J. Schelkis-Sweeney
Physically stepping into the count is no longer required. You are not basically going to roll over and let the court make that decision for you.
Host Clarifying
Okay, so that’s what happens when you don’t do anything about it, the court just makes a decision for you.
Host Question No. 4
What if you can’t afford to get a lawyer to assist you in these divorce papers?
Yvonne J. Schelkis-Sweeney
If you do not have the financial means to get representation, you could go to the legal aid bureau. You would have to pass the means test, it is quite a high threshold that would require you having earning something in the region of $900 a month to qualify. This means that the taxpayers are funding your divorce.
Host seeking Clarifying
Okay, got it. Anything higher than that does not qualify?
Yvonne J. Schelkis-Sweeney
Yes, then you would qualify to have the means to pay for the only goal representation.
Host Question No. 5
Can I still communicate with my spouse after being served with divorce papers?
Yvonne J. Schelkis-Sweeney
We highly encourage open communications with your spouse but just as a caveat, not to agree or sign on any document without first checking with us.
Host Clarifying
Okay, got it, because your spouse may have had legal counsel on his or her end.
Yvonne J. Schelkis-Sweeney
He may have had the opportunity to get legal counsel and then hoodwink you or strong-arm tacting you to sign a certain document which you are bound to.
Host Concluding:
All right. Thank you very much, ladies. Thank you for listening. We hope this has given you a better understanding of the issues you may have had pertaining to the topic. Feel free to contact us, our contact details can be found on our website at https://www.gjclaw.com.sg.
