You are probably reading this post for one of two reasons: (1) to learn more about divorce or more likely (2) because you were served with a Petition for Divorce. In either case, this post will provide some insight into what should be done in any divorce case.
Whether you were served with a Petition for Divorce or asked to sign a Waiver of Service you should always respond to a divorce petition. What does responding to a divorce petition mean? In simple terms it means to file an answer with the Court. The answer does not have to be detailed and state every reason you are answering, but rather it needs to be a general denial and request for relief. Responding to a divorce by filing an Answer ensures that your spouse cannot simply finalize your divorce without you being made aware of it. As I have discussed in previously here after the 60 day waiting period has passed a divorce may be finalized. If you have not filed an Answer then your spouse could go to court on the 61st day and proceed with getting a default divorce. Filing an Answer ensures that the Court will not proceed without you being notified.
When do you have to file an Answer? You have 20 days plus the Monday at 10:00 a.m. after those 20 days to file an Answer. For example, if the 20 days expires on a Friday then you have until the following Monday at 10:00 a.m. to file an Answer. If, however, the 20 days expires on a Monday, you again have until the following Monday at 10:00 a.m. to file an Answer. Technically, you have up until the divorce is finalized, but considering you will not necessarily be made aware of when your spouse would decide to finalize the divorce you should respond to a divorce as soon as possible but no later than 10:00 a.m. the Monday after 20 days has expired.
While an Answer will protect you from having a divorce finalized without your knowledge, it will not provide full protection in a divorce proceeding. My next article will discuss the purpose of counterclaims in a divorce action.