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No one knows how they will feel about the impending dissolution of their marriage until they have received divorce papers from their spouse and are faced with some important decisions to make.
However, the way the defendant responds after being served by the plaintiff is the most important factor that determines whether the couple will go through an uncontested divorce or the case will have to be dragged through lengthy proceedings.
Whether the defendant knew the divorce papers were coming or they were served out of the blue, it is important for them to send an appropriate response. As such, being prepared for such an eventuality is always a wise thing to do.
Divorce and Family Legal is well-versed in the New York divorce process. It is ready to advise defendants on the best way to fill out response forms in Albany. The Albany divorce law firm can offer a free consult.
What Are Divorce Papers?
Also known as a divorce complaint or a divorce petition, divorce papers refer to the multitude of paperwork that is submitted to the county court clerk or supreme court clerk's office (depending on the state) when one spouse wants a divorce from their partner. Divorce and Family Legal also has insight on what happens after divorce papers are served in NY.
Filing divorce papers and serving the defendant are the first steps in the process to legally end a marriage in New York between a married couple that meets the state's minimum eligibility requirements.
Who Is the Petitioner?
The spouse who decides to file the divorce papers with the court clerk's office and serve their partner is often referred to as the petitioner or the plaintiff. New York state law requires at least one of the married couple to file the divorce papers.
However, in some cases, if the divorce is amicable, couples can choose to file the divorce papers together, which is also allowed. This is called a joint petition of divorce and is common when dealing with an uncontested divorce.
Six Steps When Responding to a Divorce Petition Without a Lawyer
When unsure about how to respond to a petition for divorce, the defendant must call a good lawyer immediately.
However, in cases where this is not possible, for example, when the defendant cannot afford legal representation, responding on their own may be the only option.
If that is the case, the following legal advice can be very useful:
1. Read the Divorce Papers Carefully
Being served with a bunch of divorce papers and given a deadline to respond can be quite overwhelming. However, reading and understanding everything in the divorce petition will bring some clarity.
The first thing the defendant needs to verify is where the divorce papers were filed and how long they have been given to respond.
Additional information may also be included in the petition, such as the grounds for divorce or information about child support and custody.
In most cases, the defendant may not agree with all the demands their spouse is making, so it is important to read every word and make a note of the things they do not agree to. When responding to the summons, they will have an opportunity to formally disagree regarding these issues.
2. Take Note of the Deadline
Most states will give the defendant 30 days from the day they were served to respond to the divorce petition. However, it is best to respond as soon as possible, especially if the defendant wants to address any disagreement through a counterclaim.
3. File an Answer
Filing an "Answer" is simply an acknowledgment that the defendant has received the divorce papers. It is also their opportunity to address their grievances in preparation for the divorce hearing.
Many people seem to think that delaying or not answering the divorce petition that has been successfully served will help them in some way, which is not true.
The judge can decide to go ahead and finalize the divorce without the defendant being present, which would likely mean that the plaintiff will get all the things they wanted from the separation.
4. Fill Out the Required Divorce Forms
A lot of paperwork will need to be filled and submitted to the court clerk before the divorce process is finalized.
The defendant needs to do so as quickly and accurately as possible because they can use these forms as tools to address issues surrounding the division of assets and child custody.
Here, it is important to pause and rethink the need for legal advice and representation. When children or a significant amount of assets are on the line, having a lawyer is important.
This is especially true when the divorce petition indicates that the plaintiff filed the papers through a lawyer as well.
5. Pay the Fees and File the Divorce Forms
The defendant can file the divorce forms by taking the papers to the court where they were filed or doing so online if that option is allowed. In either case, they will need to pay a filing fee that ranges from $80 to $400.
If they do not have enough money to respond to a verified complaint of divorce, they can request a fee waiver from the court.
6. Request a Court Order From a Judge If Necessary
In cases where the waiting period is not ideal for the defendant or their child's well-being, they can request a court order to have a better arrangement put in place until such a time when the divorce is finalized.
Failure to Respond - What New York Divorce Law Says
The last thing the defendant should ever consider doing is to ignore the "Notice of Summons" from the court.
Not responding to the divorce petition may leave the judge no choice but to grant the plaintiff everything they requested in the divorce, which may end up denying the defendant access to their children or taking away their assets.
When to Contact an Experience New York State Divorce Attorney
Even though it may seem like the cheaper and easier way to handle a divorce petition, not hiring an attorney can have serious consequences if the defendant makes a mistake in the response or misses the filing deadline.
As such, it is better to at least call Divorce & Family Legal in Albany for some advice before making a potentially life-changing decision. The consult is free of charge, so defendants have nothing to lose by making the safer decision.