What to do about a response to a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a response to a divorce?
I have started the divorce process with the correct legal forms and I have had the petition served by the county sheriff to my ex wife. She has 20 days to respond and I haven’t recieved nothing. Do I get a hold of the clerk of court to see if she has responded or do I wait?
Asked on March 26, 2012 under Family Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your ex-wife needs to file an answer (response) to your petition for divorce with the court and serve a copy on you by mail. Both the filing with the court and serving a copy by mail on you must occur before the twenty day deadline for a response expires. If she doesn't file her answer (response) to the petition and serve it on you within the twenty day period from the date she was served, you can request that a default judgment be filed with the court. A default judgment means that your ex-wife has lost in terms of challenging your petition for divorce. However, she can still file a motion to set aside the default. If the court grants her motion to set aside the default, the case will then be back on track and litigation will continue.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.