If my husband and I agree on everything and his attorney is preparing all documents, do I still need to answer the petition for divorce?

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If my husband and I agree on everything and his attorney is preparing all documents, do I still need to answer the petition for divorce?

Asked on July 27, 2011 Georgia

Answers:

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

Answered 10 years ago | Contributor

Yes, you should or you should execute - if permitted in your state - an affidavit that you have accepted service are appearing in the proceeding and are waiving the filing of an answer.  What you do not want is to have a divorce by default even if you are agreeing on everything.  people turn and get ugly.  A default gives him leverage.  And please do not sign any document that you think that you have negotiated unless and until and attorney reviews it on your behalf.  You may waive something you have every right to in the marriage - like a pension or 401K - what ever.  I would even have someone read the pleadings for you too.  Better to be safe rather than sorry.  Good luck.


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