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Can I withdraw my response to the divorce petition?

October 11, 2017 Our Blog

If your spouse makes the decision to divorce you, there isn’t much you can do about it. You cannot force someone to stay married to you if you’re not ready to end your marriage. It’s a common problem in New York when one partner wants to make the marriage work and the other is over it. If your spouse files for divorce you do have some options, but none of them involve keeping your marriage intact. Once he files for divorce, the court will serve you with divorce papers. Once you are in possession of the paperwork outlining his divorce stipulations, you have so many days to respond to the petition.

Some of the information on the petition is more important than you realize. When you respond to this, you’re not just signing that you understand your marriage is over. You are signing that you agree to what he asked for. This might include child custody of some sort, financial requests, and it might even include alimony requests.

How to Handle the Petition

When you receive the divorce paperwork, you must read it carefully. If you’re not sure you understand what it means or what’s being asked of you, it’s imperative you ask a divorce attorney to go over the petition for you. This helps you understand what’s being asked of you, where you stand, and what is going on. If you’re not sure where this is going, you should always ask. Your response is not easy to change once you’ve responded to the petition.

If you don’t agree with what your spouse is asking for or how he wants to settle the divorce and your marital assets, send in your response to what he wants. Your legal rights allow you to challenge whatever he is asking for with what you want. Once your response is filed and it differs from that of your spouse, the court will appoint you to a mediator to help you iron out the details.

Withdrawing Your Response

If you file a response to the divorce petition and then change your mind, it’s not easy to get the response withdrawn. You must face a judge and ask him or her to withdraw your response and issue you more time to file a new one. It’s not easy to do, and your attorney can tell you what options you have. If you have proof you were forced to sign against your will, the judge will allow you to withdraw the first response and file a new one. You must have proof.

If there is a medical issue you responded and did not mean to, you might be able to talk the judge into allowing you to refile your original response with some modifications. If you were unaware of certain things in the marriage, such as the financial situation you are in, you might be able to tell the judge your spouse hid things from you and you were not made aware of these things until after you filed your response.

You can withdraw a response, but it’s not an easy task. The easiest way to do this is to speak to your attorney. He or she is able to provide you with options and help you file the withdrawal petition. You must have a valid reason with an explanation and evidence to back up your response. Without this, you might find the judge is unwilling to withdraw your original response in favor of a new one.

It’s possible, but it’s not easy. Before you turn in your response, take all the time you need inside the time you’re permitted. Find out what you need to know about your financial situation, your spouse’s financial situation, and really consider what you want and need. It’s easier to file the response correctly the first time than it is to ask to withdraw it.

Can He Keep My Things Until After Our Divorce Is Settled?

During the divorce process, many issues may arise. Untangling a marriage is not that easy. As people stay married, they tend to accumulate lots of things. They also bring things to the marriage with them. These items may have all sorts of value. There’s emotional value such as things that are meaningful because there’s a story behind them. For example, there may items they’ve brought back from their honeymoon or purchased during a vacation. There’s also financial value. Something may have intrinsic value such as a piece of jewelry or big screen television that can be resold to someone else. When a divorce continues, part of the process of determining what happens is deciding what happens to the couple’s accumulated possessions. It’s possible there may be disputes over the items. Former couples may not agree with the proper way to divide these items. Under these circumstances, it’s possible that a judge may be involved in the ultimate decisions that must be made about the division of all such items.

Where There’s a Dispute

Disputes about items between the divorcing parties are quite common. People may not agree who gets to keep what. They also may not agree with the judge or with any other party that is involved in deciding what happens during the divorce. If there is any kind of dispute, a judge will take many factors into account in deciding how to divide up all the items owned by the parties in question. All parties to the divorce should keep in mind that the judge’s word is the final word. Once a ruling has been made, it’s possible to argue with the judge but the decision in writing has the force of law. A person may not like it but they must abide by the terms of the ruling.

Each Case is Different

Each case is entirely different. In a simple divorce, the process may take only a few weeks. In that case, the decision about what’s going to happen to the problem may mean only a month if that. If another person is still holding on to items during that period, the other party can go to court to request they be returned. However, the other party should keep in mind that going through the court system can take a lot of time and effort. In that case, it may not be worth the time and effort to contact the court system. It may be better to speak with the party’s lawyer and let them know the items have not been returned. The lawyer can have a quick talk with the other person’s lawyer and see if arrangements can be made quickly before the divorce is finalized. This is often the easiest and simplest arrangement that makes sure the items are returned right now. If there are other items that are not being returned, one party may need to go to court even though the divorce is just about ready to be concluded.

A Longer Time Frame

Some divorces are very complicated. There are lots of issues that may arise from start to finish. A divorce of this kind may take weeks and even months to fully conclude. In that case, it’s crucial to be clear from the start if possible about who gets to keep what and what must be returned to the other party. It’s a good idea to set up a time table in advance before the divorce starts or as it continues. Each member of the divorce should agree to sit down and determine what they want and what the other party can keep. A divorce lawyer can help with such negotiations at this stage. They can also put any agreement in writing.

When There’s a Dispute

Disputes about when each party gets to remove items from the main location may be common. In that case, it is imperative to make sure the lawyers representing each party know that the terms of the agreement are not being met. If one party isn’t living up to the agreement to return the other party’s clothing, electronics and other items of value, it may be time to head to court. The court system can help sort out any issues of this kind and let both parties have their say. The court system can also help both parties resolve any ongoing issues. With the help of an effective divorce lawyer, any issues relating to property can be resolved quickly



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