how to respond to a divorce summons without an attorney

by Mr. Harley Watsica 3 min read

How to answer a divorce summons without an attorney. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for divorce, but disagree with paragraphs 4, 5, 6 of the complaint for divorce. Mail or physically take your written response to the clerk of courts in the county where your spouse filed the initial divorce petition.

Check the state court web site or go to the county clerk's office and ask for the form and what to expect if you don't have an attorney. You should be able to simply answer and deny or contest what he has asked for without adding details. You can make also make requests of your own (counterclaims).

Full Answer

What happens if you ignore divorce summons?

Sep 04, 2021 · Copy of your answer to the attorney representing your opponent, or directly to your opponent if s/he has no attorney. If you are the recipient of a summons/complaint because of a pending divorce, you have twenty (20) days to respond. But here, we’ll quickly cover the basics of responding to a divorce summons, including a few of the biggest mistakes to avoid. File your …

Can a judge deny someone a divorce?

Respond to the petition in the designated time. Divorce papers might not have made you worried but when you have read them you have to file a response immediately. The response time is twenty consecutive calendar days after receiving the petition.

How to stop your husband from getting a divorce?

Oct 15, 2018 · Respondent. The spouse filing the divorce petition is known as the petitioner. If you’ve been served the divorce petition, you will be known as the respondent. It is now your responsibility to respond to the petition. Make no mistake about it; a divorce petition is a lawsuit.

How does one become a respondent in a divorce case?

Jul 15, 2017 · Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case.

image

How do I respond to a divorce petition?

Four ways to respond to a divorce petition:Agree with the divorce. If you can decide all of the details with your spouse beforehand, this is the quickest and cheapest option. ... Ask for amendments. ... Defend the petition. ... File for your own divorce.Feb 2, 2022

What happens after divorce summons is served?

A court will grant a divorce by default if summons have been served on the spouse and he or she does not respond within the allotted time period, the plaintiff can approach the court to have the matter set down for trial.Nov 21, 2019

Can you get a divorce without the other person signing the papers?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

What happens if one person wants a divorce and the other doesn t?

In short, if one person wants out of a marriage, he is legally able to do so, whether the other person agrees or not. This is a freedom that hasn't always been the case—prior to 1970, no-fault divorce laws didn't exist in the United States.

What does it mean when you receive a summons and complaint?

If you receive a summons and complaint, this typically means that you are being sued by someone. If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint.

What is a certificate of service?

The certificate of service form is the same for every case filed in court. On the certificate of service form, write the name and address of the plaintiff (or their attorney) as it appears on your summons. This is where you'll have to deliver a copy of your answer after it's filed.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Do you have to pay filing fees?

Pay the filing fees if necessary. Typically, you don't have to pay any filing fees simply to answer a complaint. However, if you have a counterclaim against the person who is suing you, there may be fees involved. The court clerk will tell you how much the fees are and what method of payment is accepted.

What happens if you don't respond to divorce?

If you fail to meet the response deadline, the courts may grant your spouse everything they requested in the divorce petition, including child custody, support, property rights, and more. To protect your rights, it’s important to file a proper and timely response.

Who is the respondent in a divorce?

Respondent. The spouse filing the divorce petition is known as the petitioner. If you’ve been served the divorce petition, you will be known as the respondent. It is now your responsibility to respond to the petition. Make no mistake about it; a divorce petition is a lawsuit.

Is divorce a lawsuit?

Make no mistake about it; a divorce petition is a lawsuit. It will look different than other types of suits, but ultimately, you are being sued by your spouse. The biggest mistake you can make at this point is to ignore the petition or fail to meet the response deadline.

Is divorce uncontested?

If you’re one of those rare couples that agrees on all aspects of how to divide the property, child support, and custody, then the divorce is uncontested. You may simply be able to fill out the forms and pay the standard divorce fees. However, this is rarely the case.

Rosa Maria Celeste

From the very brief description you provided, your divorce sounds complicated, contested and that there likely needs to be immediate action taken to try and remedy the dissipation of marital funds.

Douglas Shaun Kepanis

You can find a Verified Answer form on the NY Courts website -- however, knowing what to say, whether you want to file counterclaims - and what relief you wish to request -- are going to be likely be beyond your ken. Hire an attorney posthaste.

Joshua Paul Bannister

You answer the summons and complaint with an Answer which will include defenses and counterclaims.

Eric Edward Rothstein

You need to serve an Answer. You may want to assert affirmative defenses and a counter claim. Matrimonial law is not easy to navigate on your own.

Peter Christopher Lomtevas

There is no possible way we can represent you by remote control. Here's why.

What to do if you are unsure what to do?

If you are unsure what to do, it is always best to talk to a lawyer. Visit Lawyers and Legal Help for information on lawyers and free / low-cost legal help.

How long does it take to get divorce decree?

If you agree with everything your spouse is asking for, you may not need to file anything. Your spouse can request a default Divorce Decree in 21 days that matches everything requested in their complaint if you do not respond. If you disagree with even one thing they are asking for, you will need to file a response.

Does the court serve papers for you?

The Court does not serve the papers for you. It is up to YOU to make sure the other spouse (the "Plaintiff") gets served with your answer. After you file, send a copy of your answer/counterclaim (and anything else you filed) to the Plaintiff or their attorney if they have one.

What is a financial disclosure form?

The Financial Disclosure Form, or “FDF,” gives information about your employment, your income, your expenses, your property, and your debts. You must attach your three most recent paystubs to this form.

What happens if you efile a document?

If you efile your documents, you will be agreeing to be served with future legal documents electronically. Be sure to use an email address that you will check regularly so that you do not miss important legal documents filed in your case.

Geraldene Sherr Duswalt

The grounds of irreconcilable differences is not the problem. Those are the grounds used by almost all litigants in New Jersey who want to get a divorce.

Thomas S. Durst

In response to being served with a divorce complaint you need to file an Answer or Answer and counterclaim to protect your interests. Doing nothing, or not following the 35 day timeline can result in you being held in default.

Brad Michael Micklin

Although I agree with everyone else's advice that you should consult with an attorney, you can obtain a blank form of an "answer" from your local court house which will have instructions on completion.

Kristen Prata Browde

If you're not familiar with the legal process you should consult a local attorney before filing anything with the court.

Ivan Raevski

you really should consult with an attorney. if you have kids and property the matter is usually too complicated to be done by yourself.#N#As for answering, you can just do a basic answer, pay the $135 and have the case put on contested track. Otherwise a default may be entered and your ex will get...

Yolanda Navarrete

A consultation is needed so an attorney can read the complaint, explain it to you, get your response and find out how you feel about her requests.

image