09/02/2026
I have just been served divorce papers, what’s next?
PART 1.
If you have just been served with divorce papers, what’s next depends heavily on your specific family situation. If you have a child, there are three key areas you will need to address. However, this process is divided into immediate needs and long-term resolutions.
Here is what you need to focus on next, broken down by the timeline of your case:
1. Immediate Concerns (What You Need Help With Right Away)
When the process gets going, you will need to handle immediate issues regarding your children and financial survival. If you are unsure of how to navigate these initial steps, consulting with a family law attorney or a divorce attorney can help you protect your rights.
· Custody and Visitation: You will need to address two types of custody:
o Legal Custody: Deciding who makes important decisions about the child (whether it will be shared jointly, given to only one parent, or shared with one parent having tie-breaking authority). If you need to secure decision-making rights, a qualified child custody attorney can assist you.
o Physical Custody: Determining how much time the child spends with each parent. The judge will look at the status quo and continuity for the children to make this choice. Parenting time is connected with support.
· Support: You will need to address financial support, which is typically calculated using a specialized computer program:
o Child Support: This is determined primarily by how much money each spouse makes (or is capable of making) and the percentage of parenting time each parent has. Because parenting time drastically impacts these figures, parents often fight over parenting time.
o Temporary Spousal Support: Calculated at the same time as child support using the same software program. But keep in mind that judges have a great deal of discretion and there are multiple factors determining spousal support.