Is filing for divorce a lawsuit?
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Is filing for divorce a lawsuit?
It might help to think of the divorce process as a lawsuit (which it technically is), so that when you are served with a divorce/dissolution petition it is like being sued.
What happens if spouse doesn’t respond to divorce petition?
The responding spouse needs to file an answer with the court within the deadline. 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 a response is filed in a divorce?
Brette’s Answer: Then your divorce is contested and it will proceed through the court process. It will likely be scheduled for a pre-trial hearing where the court will try to help you reach a settlement. If you do not have an attorney, you should get one.
Does it matter who gets served first in a divorce?
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.