Responding to a Divorce Petition: What You Need to Know

You Have Been Served: Now What?

Being served with divorce papers can be an emotional shock, even if you expected it. However, it is critical that you respond promptly and properly. Failing to respond within the required timeframe can result in a default judgment, meaning the court may grant your spouse everything they requested in the petition without your input.

Understanding the Timeline

After being served, you have a specific number of days to file your response with the court. This deadline varies by state but is typically 20 to 30 days. In some states, you may have additional time if you were served by mail or publication. The clock starts on the date you were served, not the date the petition was filed. Mark this deadline on your calendar immediately and treat it as your top priority.

Reading the Petition Carefully

Before responding, read the petition thoroughly. Pay attention to what your spouse is requesting regarding property division, how they propose handling custody and visitation, the amount of child support and spousal support they are requesting, any temporary orders or restraining orders included with the papers, and the grounds for divorce cited in the petition.

Understanding exactly what is being requested will help you formulate an appropriate response.

Types of Responses

You generally have several options for responding to a divorce petition:

Answer and Agreement

If you agree with everything in the petition, you can file an answer agreeing to the terms. This is the simplest response and leads to an uncontested divorce.

Answer and Counterpetition

If you disagree with some or all of the terms, you can file an answer addressing each point in the petition and a counterpetition stating your own requests. This is the most common response when spouses do not agree on all issues.

No Response (Default)

If you do not respond within the required timeframe, your spouse can request a default judgment. While you may be able to set aside a default judgment under certain circumstances, this is difficult and not guaranteed. Always file a response to protect your rights.

What to Include in Your Response

Your response should address every allegation in the petition. For each point, you should either admit, deny, or state that you lack sufficient knowledge to admit or deny. Your response should also include any affirmative defenses you may have, your own requests for property division, custody, and support, any counterclaims you wish to raise, and a request for your own attorney fees if applicable.

Financial Disclosures

Most states require you to file financial disclosures along with or shortly after your response. These disclosures include a sworn statement of income and expenses, a list of all assets, a list of all debts, and supporting documents such as pay stubs, tax returns, and account statements.

Temporary Orders

Review whether the petition includes any requests for temporary orders. These are court orders that remain in effect during the divorce process and may address temporary custody arrangements, temporary support payments, exclusive use of the marital home, restrictions on selling or transferring assets, and payment of bills during the divorce. If you disagree with any requested temporary orders, address them in your response and prepare to argue your position at a temporary orders hearing.

Should You Hire an Attorney?

While you have the right to represent yourself, consider hiring an attorney if the divorce involves significant assets or debts, custody is disputed, your spouse has an attorney, you do not understand the legal process or forms, or there is a history of domestic violence. Even if you plan to handle most of the divorce yourself, a consultation with an attorney to review the petition and advise on your response can be money well spent.

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