Once an individual is served with a divorce petition he has only a limited amount of time in which to file a response. If the clerk of court where the divorce petition is pending does not receive the defendant’s response or “answer” within the allotted time for filing a divorce response then the clerk will enter a default judgment of divorce against the defendant and a final jugdment will enter soon after based on the pending divorce petition. Sometimes couples intentionally arrange for the defendant to fail to respond to a divorce petition in order to get a quick default judgment of divorce entered by the clerk based on allegations of “irreconcilable differences.”
Fighting Back
If the individual named as defendant in the divorce petition chooses to fight the divorce action and refute the allegations contained in the petition then a response or “answer” must be filed with the clerk within the time designated by the rules of civil procedure employed by court department where the action is pending. There can be significant issues of spousal and child support and child custody addressed by a divorce action which should be decided on the merits of the case and not by a quick default judgment entered by the clerk. If a defendant spouse does not understand what date is the cut-off date for filing an answer to the petition or how to otherwise respond then it is vital to consult with a divorce lawyer to get assistance as soon as possible.
Effect of Marital Fault
In some States a “complaint” for divorce involves allegations of fault while a “petition” for divorce involves no fault marital dissolution requests. However, in States where a “petition” for divorce can involve both fault and no fault marital dissolution requests filing a divorce response or “answer” to the allegations of martial fault on a timely basis is extremely important. A finding of fault in certain States, even a default finding, can result in the court reducing that spouse’s share of marital property and/or a denial of spousal support. Allegations of economic misconduct such as fraud or concealing marital assets can also result in fault based denials of child custody, spousal support and reduction of that spouse’s share of marital assets. An “answer” to the divorce petition will provide a defendant with an opportunity to formally deny each and every fault allegation contained in the petition for divorce.
Getting Legal Help
If you or a member of your family has been served with a divorce petition and summons then it would be very important to contact a divorce atttorney concerning filing a timely divorce response as soon as possible to protect and preserve the rights and interests of the respondent party to the divorce petition.
