You’ve been served Divorce papers…now what?

Sometimes divorce is filed after years of separation and is well anticipated. In other cases, it can come as a complete surprise to the person receiving paperwork. After receiving divorce papers, you must take immediate action to protect your legal rights and future.

1. Read the Papers

It’s important that you carefully read over the divorce papers, as they may contain a wealth of information, such as the court where the action was filed. This can be helpful information to know if you and your spouse have been estranged and the divorce is being filed in another state. The divorce papers should also list a deadline by which a response must be provided. Additionally, they will indicate whether your spouse is filing the paperwork on their own if they have retained an attorney.

Additionally, the divorce papers may allege the grounds for divorce, as well as requests by the moving party, including information about child support, spousal support, division of property, child custody and other issues related to the children.

2. Provide a Response

The divorce papers should indicate the number of days that you have to respond to the complaint or petition for divorce. This is usually 28 days, starting from the date when you were actually served with the divorce papers. However, you should be certain on this information. If you allow the deadline pass without responding, your spouse can potentially receive everything they requested in the divorce paperwork. Probably not ideal for you.

Normally, a person will provide a response through his or her attorney. However, if you cannot come up with the funds necessary to retain an attorney, you may have to provide a response on your own. Otherwise, you can forfeit your rights and legal arguments.

Do I Have to Sign Divorce Papers in Ohio?

Not necessarily.

Many people believe that signing divorce papers means they are agreeing to the divorce or giving up important legal rights. In most cases, that is not true.

Being served with divorce papers and signing an acknowledgment of receipt are often two separate issues. A person can generally be served with divorce paperwork without agreeing to the allegations or requests contained in the filing.

More importantly, refusing to sign divorce papers does not usually stop the divorce process. If proper legal service has been completed, the court may continue moving forward even if one spouse refuses to cooperate.

What is critical is not whether you sign the papers, but whether you respond to them within the deadline established by the court. Failing to respond could result in a default judgment that grants your spouse many or all of the requests contained in the divorce filing.

Because every situation is different, it is important to understand exactly what document is being presented for signature and how signing it may affect your rights.

3. Hire an Attorney

Divorce can have a dramatic effect on a person’s life, so it’s important to retain legal counsel if at all possible. Even if you receive the paperwork and believe you’re in agreement with the divorce and allegations, a divorce attorney can review the documents and inform you of your legal rights and options. If the case later becomes contested, you’ll have someone who can advocate for your rights.

It’s especially important for you to retain an attorney if your spouse already has.

4. Gather Documents

If your spouse has already contacted a lawyer, they will likely ask you to bring in certain documents when you arrive at the initial hearing or later such as tax records, bank statements, retirement information, payroll information, and other financial information.

5. Protect Your Assets

You should also discuss how you can protect your assets. Some jurisdictions immediately call for all assets to be frozen once a divorce petition is filed with the court.

If your income is directly deposited to a joint account, you should consider setting up a separate bank account and re-routing the funds to this account. You should also pull your credit report to check your financial wellbeing and to see if any recent debt has been taken on of which you weren’t aware.

6. Protect Communications

It’s also extremely important to have your mail rerouted to maintain privacy from your spouse during divorce proceedings. Lawyers may send letters with strategic plans, and this information shouldn’t be revealed to your spouse. A post office box can help protect privacy and confidential communications.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Frequently Asked Questions About Pour-Over Wills

Does a pour-over will avoid probate?

No. Assets passing under a pour-over will generally require probate before they reach the trust. Assets already properly held in a living trust generally avoid probate. Other assets may pass outside probate through valid beneficiary designations or survivorship ownership.

Do I need a pour-over will if I already have a living trust?

A companion pour-over will is generally recommended. It provides instructions for covered probate assets left outside your trust and can name an executor and nominate guardians for minor children.

Can I name guardians in a pour-over will?

Yes. A pour-over will can nominate guardians for minor children. Court appointment and Ohio law still apply; the nomination does not automatically override a surviving parent's rights or every other consideration.

What happens if I have a trust but no pour-over will?

Assets already in the trust continue to follow its terms. Property outside it follows any effective beneficiary designations, ownership arrangements, or other will provisions. Probate property with no effective will provision may pass under Ohio intestacy law instead of your trust instructions.

Does a pour-over will override beneficiary designations?

Generally, no. A valid beneficiary designation on an account or insurance policy usually controls that asset's transfer. Review beneficiary designations alongside your will and trust so the arrangements support your overall plan.

Will a pour-over will reduce my taxes?

Not by itself. A pour-over will directs covered property into a trust. Tax consequences depend on the assets, trust provisions, beneficiaries, and applicable law. It should not be treated as an automatic tax-saving tool.

Can I rely on a pour-over will instead of funding my trust?

That is generally not a good substitute. Assets left to pass through the will may require probate, adding administration before the trust can receive them. Funding appropriate assets during your lifetime helps the trust perform its intended role.

What if I revoke or replace my living trust?

Have your pour-over will reviewed at the same time. Under Ohio Revised Code Section 2107.63, termination or complete revocation of the receiving trust before death invalidates the gift to its trustee under that provision. Your attorney can coordinate replacement documents and backup instructions.

Make Sure Your Will and Trust Work Together

A trust agreement, asset ownership, and beneficiary designations all affect how property passes after death. A pour-over will helps address gaps, but the documents need to work together.

Charles Bendig Law helps Ohio individuals and families with wills, living trusts, and probate matters.

To discuss creating a trust-based estate plan or reviewing an existing one, contact attorney Chuck Bendig or call (614) 878-7777.

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

Let's talk.