What is an Answer?
An Answer is a legal document that you file with the court in response to a Complaint for Divorce. It is your formal response to the allegations made in the Complaint. The Answer lets the court and your spouse know what you agree with and what you disagree with in the Complaint. It also allows you to state any defenses you may have to the divorce.
When to File an Answer
You must file your Answer within a specific timeframe, usually 35 days from the date you were served with the Complaint for Divorce. This is a strict deadline, and failing to file on time could result in a default judgment being entered against you. This means the court will rule in favor of your spouse's requests without you having the opportunity to defend your case.
What to Include in Your Answer
Your Answer should include the following:
- A statement of your address: This is required so that your spouse and the court can contact you.
- An admission or denial of each allegation in the Complaint: For each allegation, you must state whether you agree with it or disagree with it.
- Any affirmative defenses you may have: Affirmative defenses are legal arguments that can defeat the divorce even if the allegations in the Complaint are true. For example, you may argue that your spouse is guilty of adultery or abandonment.
- Any counterclaims you may have: A counterclaim is a lawsuit filed against your spouse. For example, you may have a counterclaim for alimony or child custody.
How to File Your Answer
You can file your Answer in person at the court clerk's office or by mail. You can also file electronically in some counties.
You should always check with the court to confirm their specific filing procedures.
What Happens After You File Your Answer?
Once you file your Answer, the divorce case will continue with a process called discovery. Discovery is the process of gathering information from each other and from witnesses. You will be able to request documents and information from your spouse, and they will be able to request documents and information from you. The court will also schedule a hearing to discuss the case and set a trial date.
Seeking Legal Advice
It is highly recommended that you speak with an attorney about your specific situation before filing your Answer. An experienced family law attorney can help you understand your rights and options, and guide you through the legal process. The attorney can help you ensure your Answer is properly drafted and filed in a timely manner. This will help to ensure that your interests are protected throughout the divorce proceedings.