Asked by: Sira Zelig
family and relationships divorce

Do I have to file a response to divorce papers?

Last Updated: 23rd May, 2020

31
You need to respond to thedivorcepetition. You will be called the "Respodent" in thecase. Youcan also file a "counterclaim" along withyouranswer. A counterclaim is your request for adivorce,on whatever grounds you feel areappropriate.

Click to see full answer.

Simply so, what happens if you dont respond to divorce papers?

If you don't respond to the papersonceyou've received notice, your spouse asks thecourt togive him a final hearing on the divorce. Adefault judgmentoccurs when one spouse was summoned tocourt butdidn't respond, leaving the judge to awardthedivorce based on the facts shown on the filingspouse'spetition.

Likewise, how much does it cost to file a response to a divorce? Filing Fee To begin a divorce case, you must fileapetition for dissolution of marriage with the clerk of court ofthecounty in which you reside. Each court imposes a filingfee,which varies according to your location but averages about$300nationwide.

Also Know, do you have to respond to a divorce petition?

You answer the divorce petition to letthecourt know your position in the divorce case.Youanswer the divorce petition to tell the judgewhatyou want in the divorce. If youdon'tanswer the divorce petition and you don'tgoto a hearing, it's still possible that the judge cangrantthe divorce.

How long after being served divorce papers do you have to respond?

about 20 days

Related Question Answers

Beauty Enderlin

Professional

Can my husband divorce me without me knowing?

The basic answer to the question is yes, youcanfile for divorce without the other partyknowing, butthe divorce cannot be finalizedwithout theirknowledge. You can, however, file adivorce andsettle the matter without thespouse's consent. Bothparties don't need to agree on thedivorce in order for itto proceed.

Fatimatu Tio

Professional

Can you be forced to sign divorce papers?

If you properly served the divorcepetitionand your spouse filed an uncontested response, but won'tsignoff on the final divorce papers, courts in somestates mayallow the case to proceed as though it's uncontested.You maywait to be assigned a court appearancedate.

Boubekeur Borcea

Professional

Can you refuse a divorce?

Depending on your state's laws, the statecourtcan decline to grant your divorce, but it won'tdenya divorce simply because one spouse does notwantit.

Mauricio Nyk

Explainer

Can you get divorced if one party doesn't want to?

No one can stop you from gettingadivorce if you want one, with the possibleexceptionof the court. If you don't followproper legalprocedure, a judge can deny your divorce,forcingyou to start over. Your spouse can'tstopyou, but she can complicate theprocess.

Lenora Arnhold

Explainer

What happens if you serve someone and they don't respond?

If you do not respond to a civilsummons,the court can grant the other party judgmentagainstyou in the underlying case. This means the other sidewillautomatically win. Failing to honor a criminal summons,bycontrast, could lead to your arrest and even timeinjail.

Vern Ormaechea

Explainer

What happens if a spouse doesn't reply to a divorce petition?

In some cases, however, one spousedoesn'trespond to a divorce petition. When a spousedoesn'trespond to a divorce petition, the person whofailed to filethe answer to the court will lose his or herrights to makearguments about property division, support, andchildcustody.

Cautar Puyuelo

Pundit

What is a petition for divorce?

The divorce petition is a legal document filedincourt by a spouse who seeks a divorce. Also calledthe"complaint" in some states, the petition informs thecourtof the filing spouse's (called the "petitioner") desiretoend the marriage, and its filing with the court signifiestheinitiation of the divorce process.

Radostina Mabrouk

Pundit

Is it better to file for a divorce first?

One of the main legal advantages that a person gainsbyfiling the divorce petition before his or herspousedoes is that the filer can request a Standing Order from thecourtwhen filing the petition. If the matter should go toahearing, the person who files the petition usually presents hisorher case first.

Anya Gauser

Pundit

How long does a divorce petition take?

The time it takes for the court to processadivorce ranges from around 6 months up to a number ofyears,given the divorcing couple's specific circumstances.After adivorce petition is prepared and sent to court, andall theprocedures complied with, the applicant can apply fordecreenisi.

Ayrton Eltz

Pundit

Does the respondent have to pay for divorce?

Initially the person filing for the divorcewillalways pay the court fee. However, the petitioner canaskthe respondent to pay the costs in afault-baseddivorce or in a 2 year separation divorceif bothparties agree. This is most likely because they cannotafford topay the fees.

Awatef Seeburger

Pundit

How do you respond to a divorce petition?

How to File a Written Answer to a DivorcePetition
  1. Check the petition papers to see if an answer formisincluded.
  2. Contact the court if no answer form was included withthepetition papers.
  3. State what you disagree with on the petition and why ontheanswer form.
  4. Bring the written answer form and your photo identification toanotary public.

Vanilda Tomim

Teacher

Is a divorce a lawsuit?

Even an uncontested divorce is technicallyalawsuit. You and your spouse may agree to adivorcesettlement, but you can't actually becomedivorced until oneof you files a complaint to begin thelegal process. After thisoccurs, divorce is subject to thesame legal concepts thatgovern all lawsuits.

Humildad Ketteler

Teacher

What does general denial mean in a divorce?

The formal document you draft in response to theOriginalPetition for Divorce is called an“Answer.” All ageneral denial means is that youwant your spouse to put onevidence of the things they are sayingin their divorcepetition. You are not saying the things inthe divorcepetition are untrue.

Timothee Rothberg

Teacher

What is a summons in a divorce case?

Notifying Spouse of Divorce
The summons is a legal document that informstheother spouse that a divorce has been filed, describeswhatis being asked for, such as alimony or custody, and informs himofhis rights and responsibilities concerning the case,andalso informs him of any upcoming deadlines.

Yeneba Hochheim

Teacher

Can I counter file for divorce?

The answer is: filing aCounter-Petitionfor Dissolution of Marriage protects youfrom having your casedismissed even when you still want to get adivorce. When aparty files a Petition for Dissolution ofMarriage, they are askingthe court to open their case and granttheirdivorce.

Tessa Poirier

Reviewer

Can husband get divorce on grounds of cruelty?

Cruelty as Grounds forDivorce.Under the Hindu Marriage Act, 1955 crueltywas not aground for divorce but only for judicialseparation.However, the Supreme Court in Dastane v Dastane heldthat whether aspouse has suffered cruelty or not is asubjectivematter that courts should decide in acase-specificmanner.

Karen Gengnagel

Reviewer

What is a counter petition for divorce in Texas?

Counter Petition for Divorce inTexas
First, if you simply file an answer to the lawsuit,yourspouse has the right to dismiss the petition at anytime.Filing a counter petition for divorce prevents onespousefrom dropping the case without the consent of theotherspouse.

Sabin Greuel

Reviewer

What is the process of getting a divorce?

A divorce starts with a divorcepetition.The petition is written by one spouse (the petitioner) andservedon the other spouse. The petition is then filed in a statecourt inthe county where one of the spouses resides. It does notmatterwhere the marriage occurred.

Edwardo Neudert

Reviewer

Do both parties have to pay for a divorce?

Initially, the person filing for thedivorce(known as the Petitioner) will always pay thedivorcefiling fee. The petitioner can ask for the respondentto paytheir costs in a fault based divorce, orin a2 year separation case if they bothagree.