How do you respond to a divorce letter?

How do you respond to a divorce letter?

You have two choices when responding to the divorce papers:

1. Answer only. An “Answer” tells the judge and your spouse what parts of the complaint you agree with and disagree with.
2. 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 respondent in divorce?

The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.

Is there an advantage to filing divorce first?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

What is considered marital property in NY?

“Marital Property” is defined by the NY Equitable Distribution Law as all property acquired by both or either spouses during the course of the marriage regardless of form title held: prior to execution of a separation agreement or prior to commencement of a matrimonial action.

Can I sue my husband for abandonment?

The courts will consider “just cause” for spousal abandonment, such as in the case of abuse, withholding of conjugal rights or financial support, or infidelity. This is called constructive abandonment. A spouse will not be forced to remain in such a situation, However, these claims must be proven in a court.