To Respond or Not to Respond when Served with Divorce?

When you are served with Divorce, you will receive a packet with a blank Response form. Your first step is to speak with one of our experienced Divorce Lawyers to determine if you need to Respond.In many Divorce cases, the parties involved do not have any issues ie. no children, no property and do not wish to ask for spousal support. If the marriage is of short duration (under 5 years) and the parties are cooperative, the Respondent may not need to Respond. This Divorce would end in a ‘default’ and in most cases will not require a court appearance. This is the cheapest option for Divorce and would not require any payment on the part of the Respondent (other than a consultation fee).

However, If there are issues such as spousal support, child custody & support, division of property etc. the Respondent may wish to Respond within the 30 day time frame to protect his/her legal rights. The Respondent can then try to forge an agreement on the issues. An agreement, in most cases, will also avoid a court appearance and will be considerably less expensive. If the parties cannot forge an agreement on issues, a trial will be necessary to address the issues. This is the more costly option.

Due to the fact that Divorce law is complex, it is best to have a consultation with the Lawyer to determine whether it is better for you ‘To Respond’ or ‘Not Respond’.