Thanks for printing! Don't forget to come back to Meriwether & Tharp, LLC for fresh articles!
What do I do if I have been served with a Complaint for Divorce?
The first question that enters the mind of an individual who has been served with a complaint and summons in a divorce action is: “What should I do now?”
The answer to this question is rather simple: upon being served, an individual must file an answer to the complaint. The answer is the defensive pleading in a divorce action. Essentially, the answer is the defendant’s response to the plaintiff’s complaint or petition for divorce. The purpose of the answer is to respond to the plaintiff’s allegations and to assert any defenses or counterclaims the defendant may have against the plaintiff. The answer may either be prepared and filed by the defendant or prepared and filed by the defendant’s attorney.
It is important to timely respond to a complaint for divorce. Do not ignore it. A defendant has only 30 days in which to file an answer with the court upon being served with the complaint and summons. If the defendant fails to file an answer, he or she may be subject to penalties.
Essentially, the answer is the defendant’s response to the plaintiff’s complaint or petition for divorce.
A counterclaim is a claim made by a defendant, normally in an answer, in response to a plaintiff’s complaint. In divorce or other domestic relations matters, the particular counterclaims that are most appropriate…(continue reading).
A defendant in an action for divorce may defend herself in many ways. These ways include (for example) filing an answer, submitting a motion to dismiss, or alleging one or more of the defenses to divorce listed…(continue reading).
Motions to Dismiss
Prior to or contemporaneous with an answer, a defendant may wish to file a motion to dismiss in response to a complaint for divorce. A motion to dismiss should only be filed and will only be granted by…(continue reading).