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Divorce - Understanding the Process
Answering the Petition

Answering the Petition


After the divorce petition/complaint is filed by the petitioner and served, the other spouse (the respondent or defendant) must respond within a certain period of time (usually three weeks). 

The response acknowledges that the respondent's received the divorce petition/complaint, and states either agreement or disagreement with it.

 The respondent's answer must clearly state his or her position on the allegations and proposals found in the divorce petition/complaint.  This includes information about the their marriage, the requests for child custody, property division, and support. Agreement or disagreement with the information and demands contained in the petition can usually be stated on a court form by simply checking boxes labeled "admitted" or "denied," in sections that correspond with the statements or demands made in the petition. There is also room for explanation or the demands of the respondent.

 In the event that the respondent fails to answer, the court will assume that he or she agrees with it and a default will be entered for the case, which means that by failing to answer, the respondent has waived his or her right to argue.

The respondent is able to request the court to remove the default so that the divorce can be contested, but must be able to establish legal justification for the court to grant such a request.


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Divorce Resource Center

  • Making the Decision
    Weighing the possible impact of divorce and exploring alternatives to divorce.
  • Understanding the Process
     The family court process, key decisions to resolve, alternative dispute resolution, and more.
  • Property Issues
    Division of property and assets, and the impact on spefics like the family home, pensions, and insurance policies.

     

  • Parenting After Divorce
    Tips for divorcing parents in relation to their children and children's reactions to divorce. 
  • Spousal Support - Alimony
    Types of spousal support, eligibility, and calculating the amount of support.
  • Laws
    Divorce and child custody laws in all 50 states.
  • International Divorce Law
    An overview of the laws concerning international divorce.






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    November 23, 2008
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