Answer a Divorce Complaint

If you have been served with a divorce complaint, your spouse has officially started the process of obtaining a legal divorce. Once you are served with these papers, you will have a limited amount of time to respond, if you choose to do so. Within this limited time frame, you will have to consider hiring an attorney, you will have to decide how you will respond, and you will have to draft and file your response with the court. At the end of all of this, you may be required to attend a court hearing in order to tell a judge why you deserve the legal remedies you asked for in your response.

Steps

Considering An Attorney

  1. Search for a good family law attorney. In a divorce, you and your spouse will be a part of a legal proceeding to end your marriage relationship.[1] Family law attorneys deal with divorce cases regularly, so if you are going to hire an attorney, you should hire a reputable one that has handled similar cases in the past. To choose a good family law attorney, consider the following:
    • Find an attorney that can practice law in the state, and in the courts, you need them to. For example, if you are filing for divorce in South Carolina, find an attorney that is licensed to practice law in South Carolina.
    • Ask your friends and family for attorney recommendations. Ask them about any experiences they may have had, and ask for the absolute truth.
    • Search the internet for reputable divorce lawyers. Consider using your state bar's website; public websites like LawHelp.org; and online directories like Lawyers.com, LawInfo.com, and FindLaw.com.
    • Check online reviews, which are often written by past clients who have either had positive or negative experiences. These online reviews can be very helpful and honest, so do some internet searches to try and learn about lawyers you are considering.
  2. Make a decision. Once you have researched family law attorneys and have some ideas, narrow down your list and contact your top choices. Ask your top choices for a consultation so you have an opportunity to explain the situation you are in and the services you need. A consultation will also give you an opportunity to determine how you think you would work with the attorney.
    • After you have met with attorneys and researched their background and expertise, you should make a final decision on who you will hire. Choose an attorney that makes you feel comfortable, that seems to know how to handle your case, and who feels confident that they can represent you in an effective manner.
  3. Avoid bad attorneys. While there are many attorneys in the world, not all of them are particularly good. Avoid hiring an attorney who:
    • Solicits you as opposed to the other way around;
    • Pressures you into making a hiring decision quickly;
    • Refuses to tell you about their background and credentials; and
    • Suggests that they handle the case in an unethical manner.
  4. Consider representing yourself. If you do not feel comfortable hiring an attorney, do not have the funds available to do so, or if you and your spouse plan on ending the marriage amicably, you may want to consider representing yourself throughout the divorce process. While this is certainly possible, if you have the means to hire an attorney, you should strongly consider doing so. An attorney has a unique set of skills that can help you navigate the judicial system and can help you get want you want out of the divorce. If you end up representing yourself, you can always ask an attorney to review certain documents or give you limited advice.

Choosing How to Respond to a Divorce Complaint

  1. Consider where you are in the divorce proceedings. If you are having to file an answer to a divorce complaint, the divorce proceedings have already begun. How you respond will depend on what has already transpired in the case. Being served with a divorce complaint may or may not come as a surprise, so it is helpful to understand what has happened and why it is happening. Think about the following actions that have likely already taken place and how they might illuminate how you will respond:
    • Your spouse (the petitioner) has started thinking about filing a court case with the goal of ending the marriage between you and them.[2] If this is a surprise, you may be more inclined to respond and contest your spouses allegations.
    • The petitioner has gathered the required documents necessary to file for divorce and they may have retained the services of an attorney.[2] If your spouse has hired an attorney, you should strongly consider doing so yourself.
    • Your spouse (or their attorney) has completed all the required forms and has filed them with the appropriate court.[2] Look at these forms carefully so you can respond to every allegation in them.
    • Someone dissociated from the case has served you (the respondent) with the forms your spouse has filed.[2] This action triggers the need for your response.
  2. Do nothing. When you are served with a divorce complaint, your first choice is to not respond and ignore the complaint.[3] While this is certainly the easiest option, it is also the most dangerous. By ignoring the complaint, you are defaulting and giving up your right to partake in the case.[3]
    • If you choose to take this route, your spouse is likely to receive everything they asked for in their complaint.[3] The judge will make their decision about property, support, and custody using only what your spouse requested in their petition.[3]
  3. Do not respond because of an agreement with your spouse. If you choose this option, you will have already reached a divorce agreement with your spouse and your agreement will be in writing and notarized.[3] If this is the case, you can do nothing and you will be considered to have defaulted with an agreement.[3]
    • While this is a type of default, you still have a say in the final outcome of your case because you will have reached an agreement with your spouse about property, support, and custody.[3]
  4. File an uncontested agreement. If you choose to respond to your spouse's complaint, your first option is to file a response but state that you and your spouse have reached an agreement outside of court.[3] In this instance, your spouse's complaint should allege all of the things you agreed to before they filed the petition.
    • Do not just trust that your spouse has alleged all of the agreed upon terms of your agreement. Before you file a response not contesting your spouse's complaint, look the complaint over carefully and make sure you agree to all of the terms.
  5. Contest the petition. Your last option involves responding to your spouse's complaint and disagreeing about its terms.[3] Here, you and your spouse can not agree on the terms of your divorce and your response will allege separate facts and will ask the court for different relief.[3]

Responding to a Divorce Petition

  1. Respond in a timely manner. If you have chosen to respond to your spouse's divorce complaint, you will have to do so within a certain period of time. For example, in California, you have 30 days from the date you were served (delivered your spouse's complaint) to respond.[3]
    • Therefore, in a 30 day period, you may have to hire an attorney or choose to represent yourself, and you will have to file your response with the appropriate clerk of courts. As you can see, things can move pretty quickly and you should work diligently once you are served with a divorce complaint.
  2. Fill out your court forms. To start the response process, you will need to track down the appropriate court forms and fill them out. To find court documents, you should visit your local court's website or visit the courthouse in person. In general, you will be responsible for filling out the following documents:
    • A response. The response will ask you to respond to the claims your spouse made in their complaint. You will need to identify yourself and your spouse and state your legal relationship (i.e., married or domestic partners).[4] Next, you will need to tell the court that you meet the residency requirements so that the court can hear your case.[4] You will also be required to tell the judge how long you and your spouse have been married, as well as if you have any children.[4] In the body of your response, you will tell the judge why you and your spouse are getting divorced, how you want the judge to handle child custody, visitation, and support.[4] In the last part of your response, you will tell the judge if you want spousal support as well as how the judge should handle property.[4]
    • A declaration under Uniform Child Custody Jurisdiction and Enforcement Act. If you have children that are going to be a part of the divorce proceedings, you will need to identify them in this document and tell the court where they have lived for the past five years.[5]
    • A child custody and visitation attachment. If you are asking the court to make decisions about child custody and visitation, you will have to fill out this form for the court.[6] This form asks you to detail what you are asking the court to do regarding these issues. Some of the concerns include who will have custody, what the child's schedule would look like, how transportation of the child would be handled, as well as any other provisions you wish to include.[7]
  3. Have someone review your forms. Once you have filled out these forms, have someone review them for their content and accuracy.[6] If you have hired an attorney, they will fill out these forms with your input and they will review them before filing. If you have filled out these forms on your own, you should consider hiring an attorney to look over the documents for you. These documents may dictate how your divorce is finalized, including how property will be split, how child custody will be handled, and who will have to pay spousal support.
    • In California, you can have your documents reviewed by a family law facilitator or by experts at a family law self-help center.[6]
  4. File your forms with the clerk of courts. Before your 30 days are up, you will have to file your completed forms with the appropriate clerk of courts.[6] You will file your response in the same court your spouse filed their complaint. The court's information will be included in the documents you received when you were served.
    • When you file your forms, you will have to pay a filing fee.[6] For example, in Connecticut, the filing fee is currently $200.00.[8]
    • If you cannot afford to pay the filing fee, you can usually ask the court for a fee waiver.[6] In California, you can receive a fee waiver if you receive public benefits, your household income is below a certain level, or the court finds that you do not have the ability to pay for household basic needs and the court fees.[9]
  5. Serve the other party. Once you file your forms and pay the required fees, you will hire someone dissociated from the case to serve your spouse with your response.[6] Serving the other party gives that party official notice of your legal actions.[10]
    • In California, you cannot serve your own papers on your spouse.[10] Someone else must do it for you.
    • Until your response is served on your spouse, a judge will not be able to make any orders or judgments.[10]
  6. File your proof of service. After your spouse has been properly served, you should request that the person who served them fill out a proof of service form.[6] This proof of service form needs to be filed with the clerk of courts.[6]
    • There is no filing fee associated with the filing of this type of document.
  7. Attend your court hearing. If you filed a response contesting your spouse's complaint, you will most likely have to go to a court hearing and plead your case in front of a judge. The judge will hear both parties' side of the story.[11] You and your spouse will each have an opportunity to provide evidence to the court on any issues you disagree on.[11] If your divorce is uncontested, you and your spouse will simply ask the judge to sign off on your divorce decree, which you will bring to the hearing completed.



Tips

  • When you file answer with the court, you can request that your name be restored to what it was before your marriage if you changed it.
  • Notify your spouse's lawyer or the court if you change your address so you can will continue to receive notices of court hearings.

Related Articles

Sources and Citations

  1. ↑ http://divorcesupport.about.com/od/maritalproblems/f/divorce.htm
  2. ↑ 2.0 2.1 2.2 2.3 http://www.courts.ca.gov/1225.htm
  3. ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 http://www.courts.ca.gov/1232.htm
  4. ↑ 4.0 4.1 4.2 4.3 4.4 http://www.courts.ca.gov/documents/fl120.pdf
  5. ↑ http://www.courts.ca.gov/documents/fl105.pdf
  6. ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 http://www.courts.ca.gov/1234.htm
  7. ↑ http://www.courts.ca.gov/documents/fl311.pdf
  8. ↑ http://www.jud.ct.gov/external/super/courtfee.htm
  9. ↑ http://www.courts.ca.gov/selfhelp-feewaiver.htm
  10. ↑ 10.0 10.1 10.2 http://www.courts.ca.gov/selfhelp-serving.htm
  11. ↑ 11.0 11.1 http://divorcesupport.about.com/od/yourlegalrights/a/pro_se_2.htm
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