Cheap Divorce

A resource for you as you consider, prepare for, or go through the process of getting a divorce.

  • Home
  • About CheapDivorce.org
  • What is Divorce?
  • How To…
  • The Effects
  • Child Custody
  • Divorce Law
You are here: Home / What is Divorce? / First steps in the divorce process: Defendant’s response

First steps in the divorce process: Defendant’s response

By Amanda

After the defendant spouse is served with the divorce complaint, he/she has two options: to respond or not. If the defendant spouse doesn’t contest the divorce, nothing more may be required of him/her. If the petitioning spouse is seeking child support, spousal support, property or the like, the court may require the defendant spouse appear for a hearing unless the parties have a written agreement about those issues.

In the case of an uncontested divorce where the defendant spouse doesn’t “appear” in the suit, a default divorce judgment may be entered after the petitioning spouse submits all required forms and paperwork to the court (generally, a copy of the final judgment must also be served on the defendant spouse).

If, on the other hand, the defendant spouse contests the divorce or the relief being sought, then it is his/her turn to act, in the form of an official response to the petition. The petition will generally set out a period of time in which the defendant spouse may serve an answer. This should almost invariably be done with the help of an attorney, because the fact that the defendant spouse is filing an answer means the divorce (or part of it) is contested. It is advisable to retain an attorney in a contested divorce, to represent the interests of the parties throughout the proceedings, which may become complicated or emotionally-charged.

<Filing the divorce complaint

Page 1     Page 2     Page 3

 

Photo credit: M.CERASOLI

Filed Under: What is Divorce?

Recent Updates

  • Real estate ownership — Married vs. cohabiting
  • What does a cohabitation agreement look like?
  • Cohabitation agreements: The prenup for nonmarried couples
  • So we never actually got married… Can we still get “divorced”?
  • Distribution of property when one spouse is “at fault”
  • Distribution of property: A piece of the pension pie

Categories

  • Child Custody
  • Divorce Law
  • How To…
  • The Effects
  • What is Divorce?
The content of this website is provided for informational or entertainment purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
Copyright © 2012-2014 Cheap Divorce