Yes, complaints in a divorce action must be verified by affidavit. Depending on the jurisdiction, several conditions may apply for a validated complaint in a divorce proceeding.
A joint petition for divorce is a procedure where both parties file for divorce together instead of doing it separately. This process saves divorcees time by choosing to come to an agreement together before going to court. Both parties also must agree to the full terms of divorce before filing.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
Here are a few ways you can approach the conversation: Acknowledge Their Feelings: You might say, ``I'm sorry to hear that. Divorce can be really tough.'' Offer Support: Let them know you're there for them. You could say, ``If you ever want to talk about it or share how you're feeling, I'm here to listen.''
File a motion for default judgment. If you are unable to reach an agreement with your spouse, you can file a motion for default judgment with the court. This will ask the court to enter a default judgment against your spouse without hearing from them. Hire a local attorney.
Oftentimes a party responding to a divorce complaint with an answer will file a counterclaim as well. The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
Although the department can confirm divorces, copies of the records are held by the Clerk of the Superior Court in the county where the divorce was granted. Any requests for divorce records must go through the superior court.
You can get a copy of your divorce records at the Closed File Room on the first floor of Fulton County Superior Court, 136 Pryor Street.