Delaware Respondent's Answer

If you or your spouse have lived in Delaware for the six months immediately preceding the annulment proceedings, you can file for an annulment. If you want to pursue an annulment, you should plan to file the initial paperwork in the family court of the county where you or your spouse are currently living.

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The paperwork that is served on the respondent will typically indicate the amount of time that the respondent has to file their answer. Typically, they will have at least 20 days to respond. States have different laws and requirements regarding what can and/or should be filed.

Your spouse will then have 20 days to file a response with the court. At this point, it will be in their best interest to finally respond to your filing; if they don't respond within 20 days, the court will rule it to be an uncontested divorce.

If you do not respond to your spouse or partner's petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a "default" or an "uncontested case." In a true default case, you are giving up your right to have any say in your divorce or legal separation case.

In California, the time limit differs depending on the situation. If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud.

Grounds for annulment The Court may only annul the marriage on the following grounds: One of the parties was still validly married to someone else at the time of the marriage.One or both of the parties was not old enough to marry. One of the parties did not give their real consent to the marriage.

(4) Any answer to the petition must be served and filed within 20 days after the petition is filed. (5) Any reply to the answer must be served and filed within 10 days after the answer is filed.

Serving the divorce papers The court, or we, will send the petition out to ('serves') the respondent together with a form for them to fill in, called the acknowledgement of service. In this form the respondent has to say whether or not they intend to defend the divorce. The form has to be returned to the court.