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If you are served a complaint for absolute divorce, you must respond by filing an answer. In an answer, you agree or disagree with the statements your spouse made in their complaint. You can use form CC-DR-050 (Answer to Complaint/Petition/Motion).
6 Steps to filing an answer in a divorce case Get the forms and instructions. Complete the Answer, Answer and Counterclaim, or Appearance Form. ... Make a copy of the forms and keep your copy in a safe place. ... Attach the filing fee of $175 or request a fee waiver.
Disadvantages of Filing for Divorce First Financial Responsibility: As the petitioner, you might be responsible for the filing fees and other initial costs associated with the divorce. Reactive Response: Filing first might prompt your spouse to respond with legal action of their own.
You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.