what happens if you don’t respond to a divorce summons?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
what happens if you don’t respond to a divorce summons?
My daughter has a mental illness and we are having difficulty getting her to pursue legal representation, and addressing the summons she received from her spouse. She is 37 years old and we are trying to figure out if there is anything we can do as her parents to at least respond to the summons by the date required. Thanks for any legal advise you may have for us, very difficult time.
Asked on August 13, 2018 under Family Law, Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An answer must be filed with the court and a copy mailed to her ex by the deadline set forth in the summons.
Failure to timely file an answer will result in a default judgment being filed by her ex, which means your daughter has lost the case unless she prevails in filing a motion to set aside the default. If the motion to set aside the default is successful, the case will be back on track.
It would be advisable to have an attorney prepare the answer and file it with the court. If that isn't feasible, see the format for sample answers in Pleading and Practice at the law library. Ask the law librarian to help you find it.
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.