Responding to a divorce summons can be a bit overwhelming. Once you’ve been served papers, though, you have a limited amount of time to file a response. 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.
If you disagree with anything your spouse is asking for in their papers, you need to file a response. If you don't, your spouse may be able to get a divorce including everything they asked for in their complaint. What laws apply? Learn the basics of the laws that apply on the Divorce Overview and Custody Overview pages.
If you are the recipient of a Summons/Complaint because of a pending divorce, you have twenty (20) days to respond. To respond to the summons, you must file what is known as the Answer.
An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. 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.
If you do not file an answer, the divorce can go ahead without you. Your spouse will get a default judgment. You will not have any input about what happens to your property, your debts, and possibly issues involving your children. If the divorce is contested, you also have the opportunity to file a counter-petition.
30 daysThe spouse who is served with divorce papers has the opportunity to respond. In California, the respondent will have 30 days from the date of service to file a response with the court.
To respond to the summons, you must file what is known as the Answer. Usually, your attorney will draft up and turn in your Answer for you, which will initiate the divorce process. You should contact your local family court to receive multiple response forms.
If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.
In a divorce case, obtaining a default judgment may require additional steps and paperwork, but generally, if the petitioning spouse can show that he or she has properly served the other spouse and that spouse has failed to respond, the judgment will be entered and the spouse will be bound by the terms of the divorce.
21 daysDivorce papers can be served by personal service, certified mail, or signing for the documents. If the papers were handed to you by a process server, or by any adult other than your spouse, you have 21 days to respond, assuming you were properly served.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully. ... Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff. ... File your answer with the court by the date on the summons.
How To Respond To A Divorce Summons? If you are the recipient of a Summons/Complaint because of a pending divorce, you have twenty (20) days to respond. To respond to the summons, you must file what is known as the Answer. Usually, your attorney will draft up and turn in your Answer for you, which will initiate the divorce process.
If your spouse didn’t retain an attorney, then you will send a copy to your partner, along with a return receipt. Or, if they do not have an attorney, you can ask your sheriff or get a process server who can legally serve your response to your spouse. Comments are closed.
All these papers must be submitted to the court’s desk clerk in order for it to be filed. It is recommended that you bring three (3) versions of your response. The administrator will stamp the copies as with a “Filed” label, and will keep one (1) copy for the court to keep.
You must respond to the particular claims that are listed in the Plaintiff’s Complaint, and for each claim, you must either admit or challenge the claim. If you have minor children, you will need to include information about the current and possible child support payments as well as future alimony payments.
Being served with the divorce papers establishes a legal record that the other spouse knows about the proceedings. Your spouse can serve you the divorce summons and complaint in person, or get a process server to deliver the papers to you.
You usually have 20–60 days to respond to a summons and complaint. This time period may vary depending on whether your spouse or another person serves you the papers, and whether you and your spouse currently live in the same state or different states. The deadline should be printed clearly on the summons.
The papers you were served will usually have instructions. If you don’t see any instructions, go to the local office of the court listed on the papers, or consult the court’s website. You will typically respond on a form provided by the court, where you indicate whether you agree with your spouse’s divorce petition.
A default divorce may occur when the spouse being served the divorce summons and complaint does not file a response. When the other spouse does not respond, the judge may grant the petitioning spouse’s divorce request in full, assuming it is otherwise fair, thus cutting the court process short.
Some spouses might want to agree to a default divorce. In this case, one spouse doesn’t respond to the summons so that the judge will grant the default.
You have two choices when responding to the divorce papers: Answer only . An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. 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.
If you disagree with anything your spouse is asking for in their papers, you need to file a response. If you don't, your spouse may be able to get a divorce including everything they asked for in their complaint.
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.
Online: You can file online through the court's e-filing system, eFileNV . There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents.
Financial Disclosure Form ("FDF") You (and your spouse) have to file a Financial Disclosure Form within 30 days of when you file your Answer. It is best to file it with your Answer so you do not forget later.
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.
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.
The Summons says I have to answer by a certain date. Your spouse uses the complaint to tell the court and you that they want to divorce you. They put their reasons for divorcing you in their complaint. In your Answer, you respond to the claims your spouse put in their complaint.
An answer is your answer to your spouse’s complaint. The court already has the complaint. When you file your answer, you tell the court and your spouse, in writing, the statements in their complaint that: 1 you agree with, 2 you disagree with, and 3 you do not know about.
What is an Answer? An answer is your answer to your spouse’s complaint. The court already has the complaint. When you file your answer, you tell the court and your spouse, in writing, the statements in their complaint that: you do not know about. When you go to court, you can explain each point in more detail.