How Long After Being Served Divorce Papers Do You Have To Respond? Learn the 6 Most Important Things to Know About Being Served Divorce Papers.
After being served with divorce papers, you may feel overwhelmed, stressed out, or just simply confused about what to do next. While you can, of course, do nothing and let your partner move forward with the divorce, taking action ASAP can be essential to protecting your interests and resolving the divorce as favorably as possible.
This two-part blog series will point out some of the facts you should be aware of when it comes to responding to divorce papers/complaints. While the discussion herein presents some important information, don’t hesitate to contact an experienced Las Vegas divorce attorney at Right Divorce Lawyers when you need answers specific to your situation – and when you want the best Nevada divorce representation.
How Long To Respond To Divorce Papers: Here’s What You Need to Know
1 – If you don’t respond, your partner will get what (s)he has requested in the divorce complaint.
This is because if you don’t file a response within the designated time frame, the court may enter a Default against you, permitting your spouse to receive everything (s)he asked for in his or her divorce complaint.
This is where reading the divorce papers you have been served will be essential. These papers should outline everything your spouse is requesting. If, after reading these papers, you don’t disagree with any of the requests, then doing nothing may be a viable option (however, it’s best to confirm this with a lawyer to ensure you aren’t giving away/up certain rights/interests).
If, however, you disagree with even one aspect of your spouse’s requests in the Complaint, you must file a response to note this disagreement with the court.
2 – You have 20 days to respond to the divorce petition, meaning your response has to be filed within 20 calendar days.
This is crucial to know, as you will ONLY have 20 calendar days (consecutive days; not just business days) to complete and file your response to the divorce papers. Here, you should be aware that:
- Extensions of this time frame may be granted (as long as you complete/submit a Stipulation and Order to Extend the Time to Answer with the court).
- These time frames may not necessarily apply to active duty military members (see our Military Divorce page for more info related to these special types of divorce cases).
3 – Specific forms have to be completed in order to officially respond.
In particular, the forms that will need to be completed in order to officially respond to the divorce case will be the following:
- An Answer to the Complaint (and/or a Counterclaim for Divorce)
- A Financial Disclosure Form (FDF)
- Joint Preliminary Injunction (only in the event that your spouse has not already filed this form with the court).
Some of these forms may have special instructions and may require the submission of supporting documentation (such as, for instance, paystubs with the FDF form).
4 – You may “answer” the divorce papers or file a counterclaim.
In other words, in responding to divorce papers, you have two options:
- Answering the complaint, which will involve explaining what parts of the complaint you agree with versus disagree with. This basically outlines the issues that are in dispute regarding your divorce.
- Filing a Counterclaim, which will provide you with the opportunity to detail what you specifically want from the divorce (rather than just responding to what your partner wanted in the complaint).
Which option is best for you will depend on the specifics of your situation, and a Las Vegas divorce attorney at Right Divorce Lawyers can help you figure out what may be preferable, based on your circumstances and needs.
5 – You can file your response in a few different ways.
Once you’ve assembled your response to the divorce complaint, you can file your response:
- In person at court – This will be done at the Clerk’s Office, which is open Monday through Friday (and closes at 4:00 pm).
- By mail – In which case, the complaint should be mailed to the specific address of the court in your jurisdiction (and to the attention of the Clerk of the Court).
- Online via the court’s e-filing system (which may be associated with some additional, nominal fees).
Please note that, when you are ready to file your response, you will have to submit it with the filing fee, which is approximately $215. Waivers may be available for those who cannot afford the filing fees.
6 – If you’ve filed a response, you have to have your partner served with a copy of your response.
Filing your response with the court is NOT the last step in the process of responding to a divorce complaint. You will still have to make sure that your spouse is served with a copy of your response filings, and you should be aware that the court will NOT do this for you.
Here, we also want to note that:
- You are not required to send the copies of your response via certified mail.
- If your partner has a lawyer who is registered with the court system, the court system may be able to send an electronic copy of the documents to that lawyer. Be sure to check with the Clerk’s Office about this.
- Once you have served your partner with your response, complete a Certificate of Service form and submit it to the court (to verify you have completed this step of the process).
What happens if you don’t respond to divorce papers?
After being served with divorce papers, you may feel confused, overwhelmed, or unsure about how to proceed. While ignoring the situation and doing nothing may seem like an option, it’s essential to understand the potential consequences of not responding to divorce papers. Ignoring the divorce papers may have serious repercussions, as it could result in the court granting your spouse everything they requested in the divorce complaint. Here’s a breakdown of what can happen if you fail to respond to divorce papers:
- The Court May Enter a Default Judgment Against You
- Your Spouse Will Likely Get What They Asked For
- You Lose the Opportunity to Contest Important Issues
- The Divorce Process May Proceed Without Your Input
- You May Face Negative Consequences in the Divorce Settlement
- You Could Be Held in Contempt of Court
In all these situations, you lose your opportunity to tell your side of the story or get what you need from the separation. Don’t put yourself in this situation.
Call Right Divorce Lawyers