Do I need to respond to the divorce papers that were served to me?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I need to respond to the divorce papers that were served to me?

My wife served me divorce papers and she doesn’t want any spousal support and we have no property, no kids, etc. Do I need to respond or can I just let it go through?

Asked on August 22, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is really best to file some sort of response to court papers in every case.  If you are not contesting the matter then it will go a lot faster as well.  If you do not answer then your wife's attorney has to make a motion for a default against you and enter a default judgement (which, even though it is a matrimonial action, is never good in any situation).  Many states allow for a party to file an affidavit appearing and consenting to the divorce, which saves everyone time and money.  You should also at least have an attorney read the papers on your behalf. You need to look out for your best interests here.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption