Learning that your spouse filed for divorce is devastating news, even if you expected it. Perhaps no advanced warning was provided of your spouse's decision to terminate your marriage, a situation which likely is emotionally wrenching for you. No matter your emotional response to being sued for divorce, you face immediate legal obligations. You must respond appropriately and in a timely fashion to the petition or complaint for divorce filed against you, according to the American Bar Association Section of Family Law.
Step 1
Go to the clerk of the court where the divorce case pends. The court information is listed on the summons and petition--the divorce paperwork--served upon you.
Step 2
Request an answer form from the court clerk. The answer is the formal legal document used to respond to a divorce petition or complaint. Most court clerks maintain a selection of forms and instructions on how to use them.
Step 3
Complete the answer. It requires you to set forth specific information about your position in the divorce case. For example, if you desire custody of your children, you convey that in the answer.
Step 4
Mail a copy of the answer to your spouse. Certified mail is not necessary. The answer form itself contains a paragraph confirming that you sent the document to the other party via United States mail, using first-class postage.
Step 5
File the answer with the clerk of the court. Some jurisdictions require a filing fee for the answer, but others do not. The clerk provides information in regard to any financial requirement associated with filing the answer.
Tips and Warnings
- Consider hiring an experienced family law lawyer to represent you in your divorce case. Divorce statutes, as well as courtroom procedure, represent complicated legal matters. Odds are your rights and interests are better protected with professional representation. The American Bar Association maintains consumer resources designed to assist you in finding a lawyer. The ABA also provides information about organizations that provide free legal assistance for people unable to afford lawyers.
- Pay close attention to the due date for the answer. The due date is included in the divorce paperwork--the petition or complaint and summons--served on you. In most jurisdictions, you have 30 days from the date these documents were served on you to file an answer with the clerk of the court. This time frame is not universal, however, so review the divorce paperwork and confirm the time frame with the clerk of the court if you have any questions.
Things You'll Need
- Answer (to divorce petition)
References
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
