In a response in a fault divorce action, the person who is served with the petition or complaint admits or denies the allegations made by the petitioner or plaintiff and may also make allegations against the petitioner or plaintiff, which is the counterclaim.

Respondents and Defendants must file an answer and counterclaim, usually with 20 days of being served with process. The petitioner or plaintiff, in turn, must file an "answer to counterclaim."

In a no-fault actions, there is no counterclaim and most of the time, if an answer is filed, the respondent or defendant is simply stating he or she agrees with the allegations presented in the Petition or Complaint.

Your Suggestion

1. Filing an Answer or Response
   Many Pro Se filers try to submit the formal Answer at the same time as the Petition or Complaint. This is a common error, because they do not realize that one is a response to the other. Filing them at the same time does not make sense in regards to proper court procedure.
   Contributed on 4/12/2007 by: DivorceDex.com Staff

   Category: Divorce Procedure   (Applicable in All States)
2. Responding Within the Time Period
   If you are served with a Summons and a copy of the Petition or Complaint, you, as the Respondent or Defendant, must respond within a set period of time (typically 20-30 days depending on the state). If you do not file a formal Answer or Response, the case will proceed by default, and the Petitioner’s or Plaintiff’s requests to the court will be granted at a default hearing. If you are late in responding and desire to do so, there is typically a grace period, but do not rely on this grace period if you do not have to.
   Contributed on 4/12/2007 by: DivorceDex.com Staff

   Category: Divorce Procedure   (Applicable in All States)

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