In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.
This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.
In California, when a couple decides to dissolve their marriage or file for divorce, the responding party typically submits an Answer or Response to the Petition or Complaint for Dissolution of Marriage. This document serves as a legal response to the initial filing and addresses the issues or allegations raised by the petitioner. Here is a detailed description of what such a response entails in California and some of its various types: 1. California Answer or Response to Petition or Complaint for Dissolution of Marriage: This document is filed by the respondent, also known as the non-filing spouse, to provide their side of the story and respond to the petitioner's claims. It is crucial to understand that the specific format and requirements may vary between California counties, so it's important to consult the local family court rules or seek legal advice accordingly. 2. Forms Required: In California, the responding party typically needs to complete several forms, including but not limited to: — FL-120: Response to Petition for Dissolution, Legal Separation, or Nullity — FL-130: Appearance, Stipulations, and Waivers — FL-105: Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) (if children are involved) — FL-140: Declaration of Disclosure (with accompanying forms) — FL-142: Schedule of Assets and Debts (if required by local rules) — FL-150: Income and Expense Declaration (if required by local rules) 3. Responding to the Petition or Complaint: The respondent must address the issues raised in the initial Petition or Complaint in their Answer or Response. These may include matters such as property division, child custody, child support, spousal support, and any other relevant concerns. The response should specifically agree or disagree with each issue presented and provide any additional information or counterclaims necessary to protect the respondent's interests. 4. Filing and Serving the Response: Once completed, the respondent must file the Answer or Response with the court clerk, paying the required filing fee unless waived due to financial hardship. Additionally, the response must be properly served on the petitioner, adhering to the specific service methods outlined in California law (e.g., personal delivery, certified mail, etc.). Proof of service, such as a Proof of Service form or a declaration, must be filed with the court to confirm that the response was served correctly. 5. Timeframe: In California, the respondent typically has 30 days from the date they were served with the Petition or Complaint for Dissolution of Marriage to file their Answer or Response. However, extensions to this timeframe may be requested under certain circumstances, such as if the respondent needs additional time or the parties are attempting to resolve their issues through alternative dispute resolution methods like mediation. 6. Variations and Additional Forms: Depending on the specific circumstances and the complexity of the case, additional forms might be required, such as: — FL-142A: Schedule of Separate Property Assets and Debts — FL-142B: PropertDeclarationio— - FL-320: Request for Dismissal (if the respondent wishes to dismiss the case) It is crucial to consult with a family law attorney or carefully review the local court's rules and guidelines when preparing the Answer or Response to ensure compliance and protect one's rights and interests throughout the divorce process in California.
