How do you respond to being served divorce papers?
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How do you respond to being served divorce papers?
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.
- Answer with a Counterclaim.
What happens after a response is filed in a divorce?
An “answer” is a legal form you (the respondent) file with the court to protect your right to have a say in the divorce. If you file an answer, your spouse cannot finish the divorce unless: you agree to and sign a Final Decree of Divorce or. your spouse gives you written notice of a contested hearing date.
What happens if respondent does not respond to divorce?
If you have served your spouse with a legal petition for divorce and he or she is not responding, your divorce may be granted by default in California. Failing to respond will not stop the divorce from occurring, it will simply end in a true default divorce.
Is it better to be the petitioner or the respondent in a divorce?
There is often very little advantage or disadvantage to being the petitioner as opposed to the respondent. As the petitioner is the party effectively bringing the divorce, unless they are relying upon the parties having been separated for more than 2 years, they will have to assign some form of blame to the respondent.
Who usually pays for a divorce?
Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife’s attorney fees and costs.
Does it matter who petitions for divorce first?
In legal terms it should have no impact on the eventual outcome whoever starts the divorce process. However, in some circumstances it does make a difference who petitions for divorce. There may be financial implications, for whoever files the petition will incur additional court costs.
What do I need to do when separating from my husband?
The 10-Step Separation Checklist
- Decide where you will reside.
- Collect all your important documents.
- See a solicitor.
- Tell your ex-spouse that its over (if you are sure yourself)
- Break joint accounts and assets.
- Have a plan about who the children will reside with at least on a temporary basis.
- Apply for financial support.
- Obtain access to your belongings.
What are the rules of being separated?
In order to make a trial separation successful, a couple should agree to five key rules.
- Determine a time frame for how long your separation should last.
- Set clear boundaries.
- Remain committed to couples therapy throughout your separation.
- Plan for financial obligations ahead of time.
