DIVORCE PETITION

After a divorce/dissolution petition is filed with the court, the petitioner (usually through his or her lawyer) makes sure that the petition is “served” (legally delivered) on the other spouse. The spouse who has been served with the divorce/dissolution petition is called the “respondent” or “defendant” in the divorce/dissolution process. He or she must respond to (“answer”) the petition within a certain time (usually about three weeks).

It might help to think of the divorce process as a lawsuit (which it technically is), so that when you are served with a divorce/dissolution petition it is like being sued. You must respond to the allegations in the petition within a short time (usually 30 days), or you will lose your right to argue your position on issues like property division and child custody.

What Does the Answer Contain?

In a nutshell, answering a divorce petition acknowledges the respondent’s receipt of the divorce/dissolution petition, and states agreement or disagreement with the petition.

More specifically, the respondent’s answer should clearly state his or her position on the filing spouse’s statements and proposals found in the divorce/dissolution petition – including information about the spouses and marriage; and requests for child custody, property division, and support. Agreement or disagreement with the information and demands contained in the petition can often be declared on a pre-printed court form by checking boxes labeled “admitted” or “denied,” in sections numbered to correspond with the statements or demands made in the petition. These pre-printed answer forms also provide space for explanation and the respondent’s own demands.

For example, assume that at Paragraph 3 of the petition for divorce/dissolution, the filing spouse declares that he or she is entitled to sole physical custody of the couple’s children. If the respondent feels that he or she is (at minimum) entitled to joint custody, then the respondent would make that position (and reasons supporting that position) clear in the answer. In many states, this would be done on a pre-printed answer form, by checking a box marked “denied” after a pre-printed language such as “the allegations in Paragraph 3 are admitted or denied.” The respondent would then be able to support this denial with a brief statement, and make his or her own custody demand in space provided on the form.

Failure to Answer — Default

If the divorce/dissolution petition is properly served on the respondent, and he or she doesn’t answer it, the court will likely assume that the respondent agrees to the divorce on the terms that the filing spouse set in the petition, and a “default” will be entered in the case — meaning that by failing to answer the divorce/dissolution petition, the respondent’s right to argue any part of the divorce has ended.

If a default is entered against a spouse who failed to answer a divorce petition, he or she may be able to ask the court to remove or “set aside” the default so that the divorce can be contested, but the respondent will need to show sound legal reasons that justify such a move.

Sample Forms: Answers to Petition for Divorce/Dissolution

The state-specific samples below should give you an idea of what an answer to petition for divorce/dissolution looks like, and the information these documents usually contain:

  • California: Response — Marriage/Domestic Partnership (CA Courts)
  • Washington: Response to Petition (Domestic Relations) (WA Courts)
  • West Virginia: Answer to Divorce Petition (WV Supreme Court of Appeals)

Get Professional Legal Help with Answering a Divorce Petition

Let’s face it. Divorces can get messy. If you’ve been served with a divorce petition, you’ll want to understand your rights and obligations. First and foremost, you’ll need to answer the divorce petition quickly. Take the stress off yourself and have a qualified divorce lawyer file your response. Start today by finding an experienced family law attorney near you.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.