Are you being served a complaint? Welcome to your divorce!
Under any circumstances, being served with a Summons and Complaint for divorce can be stressful. Even if you anticipate it, words fail to capture the overwhelming emotions upon realizing that “Ok, this is actually happening.”
Do not worry. This is not the end of the world. At McGrath Law Firm, P.A. we recognize how important it is for you to understand your rights and responsibilities throughout the divorce process. The attorneys at McGrath Law Firm are here to help you and provide guidance through this difficult time.
What do I do now?
Once you are served, you have two general options. You can implement the “Ostrich Method” by burying your head in the ground and ignoring the Complaint. This is not your best option. Failing to respond to the Complaint may be treated as an admission to the allegations in the Complaint, whether true or not.
Your other and best option is to timely respond to the Complaint. In South Carolina, you have 30 days from the date of service to respond to the Complaint. Generally, you will respond to the Complaint by filing an “Answer and Counterclaim.” This is your opportunity to make a first impression, and to explain your side of the story. As such, you should respond with purpose, precision, and honesty.
While answering the Complaint is your first step in the divorce process, its importance cannot be overstated. Once you have filed your response, you will begin the “discovery phase” of your divorce. During this time, you and your spouse will collect and share evidence in order to verify or refute the allegations in the pleadings. This process can be difficult, overwhelming, and surrounded by important deadlines.
The decision to hire an attorney depends on the nature of your case, including your desired outcome and your willingness to participate in the divorce process. If you choose to handle your divorce on your own, it is always beneficial to speak with an attorney beforehand especially if there are children and assets involved.
If you are interested in avoiding unnecessary conflict, prefer to be fully informed of your legal rights, and want your interests pursued and protected, we invite you to speak with our attorneys at McGrath Law Firm, P.A.
We can help
The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (843) 606-2755.