Friday, July 17, 2009

How Should You Respond to a Divorce Petition?

If you have been served or accepted service by mail of a divorce petition, there are probably a great number of concerns weighing on your mind. It is very likely that such a petition signals some significant changes to your life, and you may be feeling a great deal of uncertainty about the future and asking yourself a number of questions about what comes next.

In fact, answering the petition is the first item on your growing list of things to do. If you do not answer the petition within 30 days, you will be considered in default and as a result may forfeit your right to contests issues like child custody or property division.

Why Answer Should You a Divorce Petition?

By answering, you acknowledge the filing and receipt of the divorce petition. In your answer, you will most likely respond to requests or allegations that the petitioner has made. Your response may be in agreement with the petitioner or in objection, and it is entirely possible that you may answer in agreement on some parts of the divorce petition and disagree on others.

If you and your spouse are in complete agreement on all divorce issues, you may simply file an answer indicating your agreement to the petition. This allows the petitioner to go forward with an uncontested divorce. As you prepare your answer to a divorce petition, you may want to consult a divorce attorney to consider the divorce laws governing your area and how these laws will affect your case.

What Makes Up an Answer?

Your answer to the received divorce petition should provide responses that are as clear and direct as possible to each statement made by the petitioner. You will need to clearly agree or disagree with the petitioner's position on each and every divorce issue. If necessary, you will be asked to provide explanation to expand on your answer. You also have the right to make demands of your own in your answer to the initial petition.

In some states, forms will accompany the petition. These forms are to simplify the process of answering. They usually contain checkboxes that cover each issue, and respondents may check off their agreement or disagreement individually. Space is also provided for specific responses, as well as space where the respondent can list any demands or requests the petitioner may have.

If You Are Unsure How to Proceed, an Attorney Can Help

For many people, a divorce petition may represent their first meaningful exposure to the court system and all of the procedure and paperwork that allow our courts to function. It may not seem like a manageable or user-friendly experience, but a divorce lawyer can help with this. Your divorce attorney can help explain what is being required of you and help you make sure you are very clear on the effects of your various choices or responses. Even at this very early stage of the process, a divorce lawyer can help you think through your answer to a divorce petition, setting the right tone for all of the action you will need to take going forward.

Deborah Smith
Writer about divorce and family law at http://www.totaldivorce.com

Deborah E Smith - EzineArticles Expert Author

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