What Should I Do If I Am Served With Divorce Papers?

Getting served with divorce papers can knock the wind out of you. Maybe you saw it coming, or maybe it caught you completely off guard. Either way, the packet in your hands feels heavy, and the questions come fast. What do you sign? When do you respond? What happens to your kids, your home, and your paycheck while everything sorts itself out?

This blog walks you through exactly what to do after you have been served in Indiana. You will learn how to read the documents, meet the deadlines that matter, understand temporary orders, and steer clear of the mistakes that hurt people most. Take a breath. You have more control than you think.

Essential first steps after being served:

• Stay calm and read every page of the packet carefully.
• Note the date you were served, since your deadline starts ticking from that moment.
• Save a copy of everything, including the envelope and any attachments.
• Avoid signing anything or agreeing to terms before you understand them.
• Do not empty accounts, hide assets, or make big financial moves.
• Contact a family law attorney to review your documents and protect your rights.

Reviewing the Divorce Documents You Received

The first thing to know: being served does not mean you did anything wrong, and it does not mean the divorce is final. It means your spouse has formally opened a case with the court. Your job now is to understand what the paperwork actually says.

What the Petition Tells You

In Indiana, a divorce begins when one spouse files a Petition for Dissolution of Marriage. This document names both spouses, states that the marriage is broken, and lists what your spouse is asking the court to decide. Read it closely. It may address property, debts, custody, parenting time, child support, and spousal maintenance.

Pay attention to what your spouse requests. These are their opening positions, not final rulings. The court has not decided anything yet, and you will have a chance to respond.

Other Documents in the Packet

Your packet may include more than the petition. Look for a summons, which explains that a case has started and often outlines your response deadline. You might also find a provisional order request asking the court to set temporary rules, financial disclosure forms, or a notice about a mandatory waiting period.

If children are involved, you may see a notice about parenting classes or restraining provisions that limit certain actions during the case. Read each page. Missing a single form can cost you time and leverage later.

Deadlines and Your Initial Steps Under Indiana Law

Deadlines matter more than almost anything else at this stage. Acting on time keeps your options open and keeps the court from deciding issues without your input.

How and When to Respond

After you are served, you generally have a limited window to respond to the petition. In Indiana, you are not required to file a formal written answer in every dissolution case the way you would in some other lawsuits, but responding protects your interests and puts your positions on record. If the paperwork sets a specific deadline, treat it as firm.

If you do nothing, the case can still move forward, and the court may grant orders based only on what your spouse presented. Silence rarely works in your favor.

The 60-Day Waiting Period

Indiana law requires a minimum waiting period of 60 days from the filing date before a divorce can be finalized. This built-in pause gives both spouses time to gather documents, negotiate, and consider settlement options. Many couples resolve their cases during this stretch through negotiation or mediation.

The Case Continues Even If You Disagree

Here is a point that surprises many people: you cannot stop a divorce simply by refusing to participate. Indiana is a no-fault state, which means your spouse can proceed based on an irretrievable breakdown of the marriage. Disagreeing with the divorce will not halt the case, but engaging fully will help you protect what matters to you.

Temporary Orders While Your Case Is Pending

A divorce takes time, and life does not pause while you wait. Bills come due, children need routines, and both spouses still have to live somewhere. Indiana courts use temporary orders, sometimes called provisional orders, to set the ground rules until the divorce is final.

Think of temporary orders as a bridge. They keep the household functioning and reduce conflict during a stressful stretch. Here is what they often cover.

Parenting Time and Custody

When children are involved, the court can set a temporary schedule for where the kids live and when each parent spends time with them. These decisions follow the best interests of the child standard. A temporary arrangement is not permanent, but it often shapes the final outcome, so it deserves your full attention.

Child Support

The court can order temporary child support so the children’s needs stay covered. Indiana uses specific Child Support Guidelines based on each parent’s income, childcare costs, health insurance, and the number of overnights each parent has. Accurate numbers matter here.

Spousal Maintenance

In limited situations, a court may order temporary spousal maintenance to help a spouse who cannot meet basic needs during the case. This support is not automatic, and Indiana applies specific standards before granting it.

Use of the Home and Marital Finances

Temporary orders can decide who stays in the marital home while the case is pending. They can also address who pays which bills, how joint accounts get handled, and whether either spouse is barred from selling or transferring property. These rules help protect both people from financial surprises.

Common Pitfalls to Avoid

The choices you make in the first days and weeks can echo throughout your entire case. A few common mistakes trip people up again and again.

Ignoring the Papers

The single most damaging move is doing nothing. If you skip deadlines or refuse to respond, the court can enter orders without your side of the story. That can mean unfavorable results on custody, support, and property, all because you stayed silent.

Making Impulsive Financial Decisions

Emotions run high after being served, and impulsive money moves can backfire. Avoid these actions until you speak with an attorney:

• Draining or hiding money in joint accounts.
• Selling, giving away, or transferring marital property.
• Making large purchases or taking on new debt.
• Canceling insurance policies that cover your spouse or children.

Courts take a dim view of hiding assets, and these actions can weaken your credibility.

Signing Without Understanding

Your spouse or their attorney may present documents that look reasonable. Do not sign anything until you understand how it affects your rights. Once you agree to terms, unwinding them can be difficult.

Letting Conflict Escalate

Venting on social media, arguing in front of the children, or sending angry messages can all come back to hurt you. Keep communication calm and businesslike. When conflict runs high, mediation can offer a path to resolve disputes without a drawn-out court fight.

Take the Next Step

Being served with divorce papers marks a beginning, not an ending. Read your documents, respect the deadlines, understand your temporary orders, and avoid the impulsive choices that create lasting harm. With the right information and steady guidance, you can protect your rights and your future.

You do not have to face this alone. The attorneys at Villarrubia & Rosenberger, P.C. can review your papers, explain your options in plain language, and help you plan your next move. Schedule a consultation today.