Serving and Answering a Divorce Petition
When a divorce begins, one spouse must formally notify the other. The spouse who starts the divorce process by filing the initial legal paperwork is called the filing spouse (or the petitioner). The other spouse, who receives these documents, is called the responding spouse (or the respondent). "Service" refers to the official delivery of the divorce papers to the responding spouse, ensuring both parties are aware of the divorce proceedings.
What a Divorce Petition Includes
A divorce petition typically includes basic information about the marriage, such as the full legal names of both spouses, the date and location of the marriage ceremony, and the date when the spouses separated. It also outlines the specific issues that require the court's attention, such as child custody arrangements, the division of marital property and debts, and whether spousal support (alimony) is being requested. Each state has its own specific rules regarding the level of detail required in a divorce petition. Therefore, the filing spouse must be accurate and thorough when listing assets, debts, and any children born during the marriage. Providing accurate information is crucial, since errors can lead to delays and complications.
Filing the Petition
The filing spouse initiates the divorce by filing the divorce petition and accompanying documents with the appropriate court in a jurisdiction where at least one spouse resides. The court will assign a case number to the divorce and may provide instructions for paying filing fees and completing any additional required forms. It is essential to check with your local court for specific filing requirements and fees, which vary.
Serving the Petition
The next step is serving the divorce papers on the responding spouse. In many states, a neutral adult, such as a sheriff or a professional process server, must hand-deliver the documents to ensure proper notice. Some states allow service by mail, provided that there is a reliable method to confirm that the responding spouse received the documents, such as certified mail with a return receipt. Once the responding spouse has been served, a specific time frame begins within which they must respond to the petition.
Responding to the Divorce Papers
The responding spouse typically has a deadline of approximately 20 to 30 days in many states to file a formal response (an "answer"), although this time limit can vary. In the answer, the responding spouse may agree or disagree with the statements made by the filing spouse in the petition. They may also bring counterclaims, which allow the responding spouse to raise their own requests. For instance, if the filing spouse requests sole custody of the children, the responding spouse might file a counterclaim requesting that they have sole custody instead.
Default Divorce
If the responding spouse fails to file a response within the required timeframe, the judge may grant a default judgment in favor of the filing spouse. This means the judge may decide the case without the responding spouse's input. This situation can result in the filing spouse receiving what they requested in the petition, such as sole custody or a specific division of property, without the responding spouse's participation.
