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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.
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).
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.
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.
Read the complaint and decide what to do. 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.