What to do about a response to a divorce?

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What to do about a response to a divorce?

I have started the divorce process with the correct legal forms and I have had the petition served by the county sheriff to my ex wife. She has 20 days to respond and I haven’t recieved nothing. Do I get a hold of the clerk of court to see if she has responded or do I wait?

Asked on March 26, 2012 under Family Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your ex-wife needs to file an answer (response) to your petition for divorce with the court and serve a copy on you by mail.  Both the filing with the court and serving a copy by mail on you must occur before the twenty day deadline for a response expires.  If she doesn't file her answer (response) to the petition and serve it on you within the twenty day period from the date she was served, you can request that a default judgment be filed with the court.  A default judgment means that your ex-wife has lost in terms of challenging your petition for divorce.  However, she can still file a motion to set aside the default.  If the court grants her motion to set aside the default, the case will then be back on track and litigation will continue.


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