I just received a summons from the sheriff … What do I do next?
Don’t panic. A divorce action summons must be served on you personally, and if this has not been done then there has not been proper service. Call the offices of the attorneys listed on the summons and inform them of this. They must then have the summons served again, which will allow you time to collect your thoughts. If there has been personal service, you have 10 working days from the service of the summons on you to simply defend the matter by delivering a Notice of Intention to Defend. Once the matter has been defended by delivering a Notice of Intention to Defend to your spouse’s attorneys, you have 20 working days to consult with your attorneys and to deliver your Plea and your Counterclaim in the divorce action. Your Plea responds to the contents of the Particulars of Claim attached to the summons served on you, and the Counterclaim sets out your position and what you want from the divorce action. So breathe, take a moment to collect your thoughts and start to prepare what you will need to ask your attorneys and what your intentions are in the divorce action.
Click the button below to be taken to our page which sets out the typical documents and information you will need to prepare to consult with your attorneys in a divorce action.