What Happens After the Papers are Served?

After the service of the petition other “clocks” begin ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires the disclosure of specific documentation to be sent to the opposing party pertaining to the issue at hand.

Depending upon what you request in your petition or response to dissolution or legal separation, you may be required to prove certain requests. For example, you may need to establish:

1. The birth and parentage of children
2. The acquisition of marital property
3. The existence of community debt
4. The requirement of child support
5. The need for spousal maintenance
6. The ability of the other spouse to pay support and/or maintenance
7. The fact and fairness of any settlement agreement
8. Excessive and abnormal expenditures
9. Destruction, concealment or fraudulent disposition of marital property
10. One spouse’s need and the other spouse’s ability to pay attorney’s fees

The proof required may be in the form of witnesses, documentation, demonstrative evidence, presumptions and judicial opinions.