Do I need to respond to the divorce papers that were served to me?
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Do I need to respond to the divorce papers that were served to me?
My wife served me divorce papers and she doesn’t want any spousal support and we have no property, no kids, etc. Do I need to respond or can I just let it go through?
Asked on August 22, 2010 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It is really best to file some sort of response to court papers in every case. If you are not contesting the matter then it will go a lot faster as well. If you do not answer then your wife's attorney has to make a motion for a default against you and enter a default judgement (which, even though it is a matrimonial action, is never good in any situation). Many states allow for a party to file an affidavit appearing and consenting to the divorce, which saves everyone time and money. You should also at least have an attorney read the papers on your behalf. You need to look out for your best interests here. Good luck.
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