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.
Michigan Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce is a legal document filed by the respondent in a divorce case. It is essential to provide a thorough and comprehensive response to the petitioner's allegations and requests outlined in the initial petition or complaint. The response aims to address all relevant issues, facts, and legal arguments in order to protect the respondent's rights and interests. There are several types of Michigan Answers or Responses to Petition or Complaint for Dissolution of Marriage or Divorce, including: 1. Uncontested Divorce Response: This type of response is filed when both spouses agree on all major issues, such as child custody, division of assets, and spousal support. The respondent agrees to the terms and conditions set forth in the petition or complaint. 2. Contested Divorce Response: In cases where the respondent disagrees with some or all of the allegations and requests made in the petition or complaint, a contested response is filed. This response may include counterclaims, requesting the court address certain issues differently or dispute the conflicting facts. 3. Answer with Counterclaims: If the respondent believes they have valid claims against the petitioner, such as seeking custody or division of assets differently, they can file an answer with counterclaims. This response not only addresses the petitioner's allegations but also presents their own requests to the court. In writing a Michigan Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce, it is important to include the following key components: 1. Introduction: Begin by acknowledging the petitioner's filing and the court where the case is being heard. Identify the parties involved in the divorce and include their names, addresses, and contact details. 2. Admissions and Denials: Go through each allegation made in the petition or complaint and provide a clear and concise response. Admit any allegations that are true, deny those that are false or not entirely accurate, and state that you lack sufficient information to admit or deny any allegations that require further investigation. 3. Counterclaims (if applicable): If the respondent has any counterclaims against the petitioner or additional issues they wish to address in the divorce proceedings, clearly present them in a separate section. Provide adequate information and legal basis for these counterclaims. 4. Affirmative Defenses: Include any affirmative defenses that the respondent believes should be considered by the court. These defenses can include statutes of limitations, estoppel, or any other legal arguments that may mitigate or dismiss the petitioner's claims. 5. Relief and Requests: Clearly state the relief sought by the respondent, including desired custody arrangements, property division, and any other pertinent requests. Provide supporting evidence and legal arguments to justify these requests. 6. Verification and Signature: To authenticate the response, the respondent should sign and date the document under penalty of perjury. Include contact information for the respondent's attorney, if applicable. It is crucial to remember that legal processes and requirements may vary, and seeking professional advice from a family law attorney in Michigan is highly recommended ensuring a proper and accurate response.
