How do I respond to a Complaint for Divorce? What steps should I take?
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My husband has served me with a complaint for divorce. I don’t want the divorce, so do I have to answer it?
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Answers (1)
As the non-filing spouse, (respondent or defendant) the law requires you to formally respond to the complaint for divorce within a specified amount of time, which should be clearly stated on the summons. If you elect not to formally respond to the complaint for divorce, you will be in default, which means the court may go ahead with the divorce without your participation and consent. If you are contemplating not responding, think twice, because if you don’t, the judge may decide to award your husband everything he asked for in his complaint for divorce. Your response will state what your demands are, so that the two of you can negotiate the terms of the settlement. Even if you don’t want the divorce, you need to answer your husband’s complaint so that your rights can be protected. My advice is to make an appointment with an attorney experienced in divorce law.
Posted by Jan Hill on 22 Jan 2010
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