When a divorce or family law case is filed, it involves the filing of a petition. After the petition is filed and served, the other party files an answer to the petition. A counter-petition can often be filed as well. Of course, the exact terminology can vary by jurisdiction.
Nonetheless, when pleadings are filed and served, parties oftentimes try to dissect all the language in the pleadings. To many who have not ever worked in the legal industry, or been involved in a lawsuit before, it can feel like trying to read something in a different language.
It can be confusing. It can be frustrating. But, sometimes, parties can hang on to specific things in the pleadings filed by the other party. Specific things can sometimes upset them.
For example, let’s say a party request that their attorney’s fees be paid by the other party in divorce, which is fairly common? This can sometimes really upset somebody even when this request is quite ordinary.
Let’s say a party asks for items in their pleadings that might seem overly lofty, unfair, aggressive and/or ambitious. This can sometimes really upset somebody.
In response, they might become unglued. They might want to pick up the phone and call the other party to find out how they could file such a pleading. They might want to have their attorney draw up a letter, motion or other pleading in response that asks for equally lofty or ambitious items.
At the end of the day, it’s important that a party not overreact after they have reviewed pleadings that have been filed. Instead, it’s better to take a deep breath, step back and have a conversation with their attorney when they are in a more zen place.
They can then figure out whether there is (a) a need to be upset; (2) whether what was filed was actually quite ordinary; or (3) nothing more than posturing. They can then, in a calmer place, decide with their attorney the best course of action versus reacting badly in response.
If you are going through a divorce or family law matter where pleadings have been filed, you can call Stange Law Firm, PC at 855-805-0595.