How do you respond to being served divorce papers?
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.
How much does it cost to respond to divorce?
As the Petitioner, all you should have to pay when you file your Petition for Dissolution of Marriage is $388. If your spouse, as the Respondent, files an Answer or other responsive pleading later, he or she will pay the $251 response fee. There are other ways to keep divorce filing fees to a minimum.
How long do I have to respond to a divorce petition?
20 days
What happens if I don’t respond to a divorce petition?
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
What happens after you respond to a divorce petition?
You answer the divorce petition to let the court know your position in the divorce case. If you don’t answer the divorce petition and you don’t go to a hearing, it’s still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the 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.
Who is the respondent in divorce?
The spouse who has been served with the divorce/dissolution petition is called the “respondent” or “defendant” in the divorce/dissolution process. He or she must respond to (“answer”) the petition within a certain time (usually about three weeks).
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.
How does a judge determine alimony?
Below are some of the factors a judge will examine: If alimony can make it possible for the receiving party to maintain a lifestyle that is close to what the couple had during the marriage. The length of the marriage. The age and health of each spouse. The earning capacity of each spouse.
Is alimony based on current income?
The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer. It is not based on a percentage of your current income, and so it should not go up simply because you’re making more money.
What is a fair amount of alimony?
The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse’s net income (post-child support), less 50% of the amount of the supported spouse’s net income (if he or she is working). Spousal support can be waived by the recipient spouse.
What makes you eligible for alimony?
In order to be awarded alimony, you must show that your spouse earns significantly more income than you, or that you stayed out of the workforce to take care of the home or children. If you earn more than your husband or your incomes are nearly equal, a judge won’t see any reason to provide you with alimony.
How is pension calculated in a divorce?
This means that 75% of the pension value would be considered a marital asset. So if you had $200,000 total in a pension, that amount would be multiplied by 75%, meaning the marital value would be $150,000 to be divided. The pension owner would keep the other $50,000 as a separate asset.
