Divorce Guide

Divorce Guide

Answer to Divorce Petition

The process of filing an answer to divorce petition depends on rules and the state laws. For uncontested divorces, the respondent can get an answer form from a court clerk. He/she can also answer without the assistance of a lawyer. If your case is a contested one, it is advisable to consult a lawyer. If you cannot hire a lawyer due to less income, you can opt for legal aid.

Process of Filing Answer to Divorce Petition:

The process starts when you understand all the rules and laws of the jurisdiction. Every court of United States has specific rules on the format of petitions, answers and filing. When the petitioner serves the petition to the respondent, he/she should understand the rules. The respondent should file the answer within the given time limit specified as per the law and should format it properly. You can also get the answer form from the legal aid office or the local library at the court house.

The respondent should respond to the accusations made in the petition. Most of the accusations are followed by a denying or admitting statement. There are many jurisdictions providing pre-written forms that suggest the response to the accusations. You can refer to this form if you are not relying on a lawyer. The respondent should sign the answer and mention the date. In a few jurisdictions, it is necessary that the signature must be witnessed by the spouse or must be made in presence of a Notary Public.

Contents of Answer to Divorce Petition

  • Name, address, city, state and zip code and phone number
  • Whether you are represented by an attorney or you are representing yourself. The lawyer bar number; if you are represented by a lawyer
  • The names of the petitioner and the respondent should be similar to the names mentioned in the petition
  • The case number mentioned in the petition must be written in the answer.

You should know the deadline for an answer to a divorce petition. Read the petition carefully or contact your county clerk's office. Submit your answer before the deadline or you will miss your right during the divorce proceedings. By answering, you state that you are ready to proceed for divorce in the court. Your response can be in the mutual agreement form or in the petition.

If both the parties agree with all the divorce issues, you can file an answer stating you agree to the petition. The petitioner can then go forward for filing an uncontested divorce. When you prepare your answer for the petition, you can consult your divorce lawyer for considering the divorce laws applicable in your area and how these laws can affect your divorce case.

In few states, forms will be attached with the petition. These forms help in simplifying the answering process. The form contains checkboxes covering all the issues. Respondents can agree or disagree on it individually. It is advisable to consult a lawyer who can frame a good answer on your behalf.

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