Answering the Divorce Petition
If you have been served or accepted service by mail of a
divorce petition, you generally have 30 days to answer or file a
response. If you don't answer the
divorce petition, you are considered in default and may forfeit your rights to
contest issues such as child custody or property division during
divorce. When a respondent fails to file
a response, the divorce court may assume he or she is in agreement with the divorce
petition and grant the petitioner’s requests.
The Purpose of
Answering a Divorce Petition
An answer to a divorce petition acknowledges the filing and
receipt of the petition. In a response, usually there is a response to any allegations or requests made by the
petitioner. The response may be in
agreement or in objection to the petitioner’s
requests. The answer may also agree with
some parts of the divorce petition and disagree with others.
If the couple agrees on all divorce issues, the respondent
may simply file an answer indicating he or she agrees to the divorce petition, which
allows the petitioner to go forward with an uncontested divorce. In preparing an answer to a divorce petition, it is best to
consult a local divorce lawyer to learn about the divorce laws in your state and
how your divorce may be affected.
The Elements of an
Answer
The answer to the divorce petition should provide clear and
direct responses to each statement the petitioner included in the divorce
petition. In the answer, the respondent should clearly
agree or disagree with the petitioner's position on each divorce issue and provide an
explanation if necessary. The respondent
may also make demands in the answer to the divorce petition.
In some states, forms may be provided to simplify answering
a divorce petition. These forms often
contain a list of issues, so the respondent may check off whether he or she agrees or disagrees with each issue. Space is also included for specific responses and any demands or
requests the petitioner may have.
Speak With a Local
Divorce Lawyer about Answering a Divorce Petition
If you have been served with a divorce petition, connect with a local divorce lawyer to protect your rights during divorce. Set up a preliminary consultation with a divorce attorney near you today by calling
877-349-1310 or filling out a divorce case
review form.
The above synopsis of divorce petitions is by no means all-inclusive and is not intended to provide legal advice. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.
