What Happens If You Do Not Respond To A Divorce Complaint?

Divorce is a legal procedure and due to this, there are very specific steps that must be followed. The spouse who wants to file for divorce first will file the complaint with the appropriate court. This officially starts the divorce case. After the complaint has been filed, a sheriff will serve the other spouse with the complaint and a summons. The other spouse will also have an opportunity to respond to the allegations within the divorce complaint within 20 days. However, this does not always happen.

Sometimes, the thought of divorce is too difficult for the other spouse to bear. Or, the other spouse may simply become very busy and forget to respond to the divorce complaint, or think they have more time than they do. So, what happens if you do not respond to a divorce complaint? Below, our Media divorce lawyer explains.

The Divorce Will Proceed 

Even if you are served with the divorce complaint and do not respond to it, the case will proceed. When a person files for divorce, they are essentially filing a lawsuit against the other party. Ignoring the complaint will only result in the lawsuit continuing and the case will be finalized even if you do not appear in court.

For many people, this may seem like an ideal situation. This is particularly true if a person does not want to deal with the emotions of divorce, or the stress it can often bring. Not having to face their spouse in court is something many people prefer when going through a divorce. However, failing to respond to the complaint or appear in court when necessary can negatively impact your life post-divorce.

The Importance of Responding to a Divorce Complaint 

While you do not have a legal obligation to respond to a divorce complaint, ignoring one has serious consequences. Firstly, responding to the complaint allows you to respond to your spouse’s allegations and make your side of the story known.

Appearing in court also gives you the opportunity to defend yourself against any accusations made against you and also present arguments why you should be awarded certain terms in your divorce. If you wish to pursue alimony, for example, you can only do this by responding to the complaint.

Lastly, if you do not respond to the divorce complaint, your spouse may make a motion for exclusive possession of the marital home. A judge may award it to them, particularly if you have not shown an interest in participating in the case. If your spouse is awarded exclusive possession, you may even have to move immediately if you are still residing within the family home.

Our Divorce Lawyer in Media Can Help with Your Response 

If you have been served a divorce complaint, do not wait to speak to our Media divorce lawyer. At Barbara Flum Stein & Associates, our experienced attorney can help you navigate the process and prepare your response so your rights are protected. Call us now at 610-565-6100 or contact us online to schedule a consultation and to get the legal help you need.

Source:

palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=33&section=1&subsctn=0