I was talking with a client last week and they had gotten a previous divorce before the law changed as far as what you are served with as a defendant – and it also applies to you as a plaintiff – in a divorce under today’s statutes. Now, we are required not only to give a summons with a notice or a summons with a complaint to go and start the action to the defendant, but there are three other documents as well.
One is a QDRO notice, and that is telling you that you are not going to be able as a defendant or plaintiff to be on the other party’s health insurance after the divorce. You’ve got QDRO rights, which means that you can go and get insurance, which will be very expensive, from that company, normally for six months; usually that is cost-prohibitive. Another thing is an injunction. Essentially, this is an injunction notice so that no assets in the divorce can be transferred – and that’s very important – so that everything stays status quo until the judge reviews it and makes sure that everything is divided the way that it should be divided.
The last thing is that you get notification that maintenance is now codified. What I mean by that is that the law is now that there are specific calculations, as far as how the maintenance is determined. We literally go and pop in the numbers, as far as your income, into the calculator that we have on the internet, and it tells us exactly how much that maintenance is. The legislature and the government felt that it was important that notice is given when you are served with papers.
Do you want to get divorced but have questions about serving divorce papers to your spouse? Contact experienced Jamestown divorce lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.
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