2007-02-22 05:41:15 · 9 answers · asked by Donnie2 1 in Politics & Government ➔ Law & Ethics
You need to answer the petition for divorce within 30 days of service on you. Go through the petition paragraph by paragraph and make a note by each paragraph; "A" for admit; "D" for deny and "W" for without knowledge to either admit or deny. (This is for your own use only.) You then answer the petition in this fashion: "John Smith, in response to the Petition for Dissolution of Marriage filed by Mary Smith, states:1) The allegations contained in paragraphs x, x, x, x etc (citing the appropriate paragraphs) are admitted; 2) the allegations in paragraphs x,x,x,x, etc. are denied: 3) Respondent is without sufficient information to either admit or deny the allegations in paragraphs x,x,x, and therefore denies the same and demands strict proof thereof." That's the answer portion. Respond to every paragraph.
Next, do a subheading entitled "Counter Petition." In that section, put every matter that you disagree with in a separate paragraph and state what you want. For example, you might say, "the real estate of the parties should be awarded to the Respondent (that's you). Or-the credit card debt to Visa should be the sole responsibility of the Petitioner (that's her). At the end, put in a Request for relief: such as 1) Respondent requests the divorce be granted; 2) that the following property be awarded to Respondent and list the property you want; 3) that the following debts be the responsibility of the Petitioner: 4) that the following debts be the responsibility of the Respondent. Add a final paragraph (this is important) that says 5) for such other relief as the Court may deem proper.
It's actually harder to explain than to do. I don't know how complex your divorce is; whether there are children involved; what assets and debts you have; and whether you live in a no-fault divorce state.
Frankly, you should write up your requests, organize your thoughts and at least consult a divorce atty. Don't fight over the little stuff. Fight over the important things. I consider children important and property less important. Ask yourself on every property and debt issue: will I care about this in a year? If not give as much as you can. Be the good guy on the minor issues. Be more fair and reasonable than the other party. Try to use a mediator instead of a Judge. In fact, file a motion with the court asking your case be sent to mediation. A mediator helps the two of you reach an agreement. Nothing said in mediation can ever be used against. If you can settle it in mediation, you have saved a lot of money. The mediator helps you settle, but makes no decisions for you.
PLEASE-if you afford it, consult a divorce atty. However, only you know what's worth fighting about. Look at the big picture in making that decision and don't act out of anger. She may have been advised to ask for more than you agreed upon so she had something to give up in a compromise. Do the same.
2007-02-22 06:14:01 · answer #1 · answered by David M 7 · 0⤊ 0⤋
If you can't afford an attorney the court house likely has a class to teach you how to fill out anf file the proper forms.
You file a "response". The papers you received are a request for a divorce, you get to talk to the judge at least once before he signs them.
2007-02-22 05:49:40 · answer #2 · answered by Anonymous · 0⤊ 1⤋
You really should contact your attorney or hire one if you do not have one. Never give in. Also, when hiring an attorney don't use the realestate attorney that did the closing on your house, that would be like going to the dentist for a triple heart bypass, get a divorce attorney.
2007-02-22 05:48:27 · answer #3 · answered by starforce161 1 · 0⤊ 1⤋
Trying to hoo doo ya. See, many attorneys count on people not reading the papers. Do yourself a favor and hire a good divorce lawyer because I predict you have a fight on your hands.
Best of Luck
2007-02-22 05:48:46 · answer #4 · answered by Kbear 4 · 0⤊ 1⤋
Get a lawyer and fight it. The papers themselves are not the end. They are just the beginning. A lawyer will enable you to be sure all is fair.
2007-02-22 05:47:59 · answer #5 · answered by mnwomen 7 · 0⤊ 1⤋
You hire a divorce lawyer.
2007-02-22 05:44:29 · answer #6 · answered by ItsJustMe 7 · 1⤊ 1⤋
You absolutely have to hire a lawyer. If you don't have one, you'll end up getting royally screwed.
2007-02-22 05:49:26 · answer #7 · answered by Get a life 3 · 0⤊ 1⤋
definitely hire a lawyer, if you have not done so. a person who represents himself has a fool for an attorney.
2007-02-22 05:48:51 · answer #8 · answered by ??? 4 · 0⤊ 1⤋
get a divorce if thats what she wants
2007-02-22 05:48:52 · answer #9 · answered by Anonymous · 0⤊ 1⤋