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My wife and I are currently looking to get divorced. We are civil, but not really speaking.

We have agreed to get a mediator to divide assets rather than have attorneys involved on both sides.

Does it really matter who serves who with the divorce papers? Will it impact anything if I wait to be served, or should I proactive in serving her?

2007-08-08 07:47:18 · 5 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

5 answers

Divorce can get nasty even with the most civil people. Get an attorney with the very first hint of trouble - and that will probably be when discussing the division of assets because there is sure to be something that you both want. It doesn't matter who serves first. Good luck..

2007-08-10 14:22:18 · answer #1 · answered by Anonymous · 0 0

It does not matter anymore who has the papers served. it is more important as to what the papers say as far as reason for divorce. If she serves yo the papers and she claims cruelty or extreme cruelty, it could impact things as well as if she claims you abandoned her, she can get the possessions. I would definitely talk to someone and even with a mediator, you are going to need a lawyer for court and especially if you have a home and or kids.

If she serves you with cruelty, you can answer the claim with the same thing and they will just give both of you a divorce under grounds of cruelty.

2007-08-08 14:52:13 · answer #2 · answered by Frank L 4 · 0 0

Well, divorce is the worst solution in just about every case.

However, if you are going to do it, getting the mediator is the way to go.

If you take the initiative, your attorney can make sure your assets are protected, etc. and makde sure your credit cards are not charged up to the limits, etc.

Once it gets into action, things can get really nasty, and people to crazy and bizarre things.

2007-08-08 14:52:10 · answer #3 · answered by madcat 5 · 0 0

if there arent' kids involved and moving those kids, then i would continue with the mediator. i'd even get rid of the mediator if you two can split the assets amicabley and fair. you will eventually need one lawyer to just make it legal, but as long as you both play fair, then the legal cost should be minimal.

2007-08-08 14:54:35 · answer #4 · answered by Anonymous · 0 0

are you sure your marriage cannot be saved? if you are sure file for the divorce because as long as you are married then you are still married whether you live together or not.if either of you become involved with another while you are still married then you are guilty of adultery! people seem to think as soon as you leave you have a license to cheat but that is not true.good luck to both of you.

2007-08-08 14:53:24 · answer #5 · answered by dixie58 7 · 0 0

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