If you have been served with divorce papers and dont file an answer, your spouse can finish the divorce without you. This is called a “default judgment.” You will not have a say in any of the issues involved in your divorce, including decisions about your property, money and debt.

Do I have to reply to divorce papers?

If your spouse files for divorce, youll receive a divorce petition in the post. Once youve received the petition, you have 8 days to return the acknowledgement of service form to the court. If you dont respond within this time, the divorce might be able to go ahead anyway.

How long do I have to answer divorce papers?

The divorce papers should indicate the number of days that a person has to respond to the complaint or petition for divorce. This is usually 30 days, starting from the date when the spouse was actually served with the divorce papers.

What happens if respondent does not respond to divorce petition?

If you ex still refuses to respond, you can show the Court your Process Server certificate to prove that your ex knows about the divorce and has been properly served with the divorce papers. The Court should then allow the divorce process to move forward, once you have made an application for Deemed Service.

How do I file an answer to a divorce petition?

How to File a Written Answer to a Divorce PetitionVerify the requirements and deadlines for filing your written response. Review the divorce petition carefully. Prepare and sign your written answer. File your response with the court before the deadline.

What happens if one person doesnt want a divorce?

If your spouse wont engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse wont participate. Eventually, though, the judge will grant you a divorce by default. All of this will take time and cost money.

What happens after divorce petition is served?

Once the Respondent has received the issued divorce papers, they must complete and return to the court, within 7 days after receipt of the divorce papers, a court-generated document known as an Acknowledgment of Service which asks them to confirm they have received the Petition, to indicate whether they intend to

Is it better to be the petitioner or the respondent in a divorce?

Though you may have amicably agreed to divorce, one of you needs to start the process. That person will be the petitioner from that point on. There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.

What is the procedure remedy for divorce?

The most common prejudgment remedies are garnishment, sequestration, and attachment. They are often used when there is a danger that a debtor will not have the money or property by the time the lawsuit is decided and there is a final judgment.

How do you respond to a dissolution of marriage?

How to respondFill out the Affidavit. Fill out the Affidavit in Response form (PDF, 15 KB). Fill out the relevant forms. If the applicant is applying for custody, access, child or spousal support. Copy your documents. File your forms. Serve your affidavits. File the affidavit with the court. Go to court.

Can a divorce be denied?

Thus, the courts can deny you a divorce if the judge is convinced you havent sorted all your kids custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.

Can I divorce my husband without his consent?

To get divorced without your spouses agreement, you have two options: Wait until you have lived separately for 5 years then submit a divorce petition. Go to court and have a judge decide whether your divorce can go ahead.

How long does it take for a divorce to be final?

If the process is handled efficiently, it generally takes three to four months from the date of filing your application for divorce with the court, until the divorce is granted. It then takes one month and one day after orders are made for your divorce to be made final.