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How to respond and what happens if you don't. You can respond by filing a Response (form FL-120) in court. If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default.
Your answer must be in writing and must be filed with the Clerk of the Court of the County and State printed on the petition. Remember: You must file your answer with the Court within the number of days stated on the Summons.
If you file the divorce papers, then the divorce papers will be served on your spouse, and he or she will have a specific amount of time to answer your allegations. Both parties will complete Discovery, meaning they will exchange financial documents and other documents related to the issues at hand.
6 Steps for Responding to Divorce Papers Without an Attorney Read the papers carefully. Know your deadline. File an answer. Fill out the required divorce forms. Pay your fees and file the divorce forms. Get a court order from a judge if necessary.
If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you are the main witness at the final hearing and will have to appear before the court.
In Georgia, it is usually not difficult to dismiss your divorce action. If no counterclaim has been filed, the Petitioner just needs to file a Voluntary Dismissal with the court along with a Certificate of Service showing proof that the Petitioner has mailed mailed the dismissal to the opposing party.
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.
Responding to the Complaint You should consult with a family law attorney as soon as possible after being served with divorce papers. If you fail to raise certain legal claims in your response, you may be barred from later seeking recovery for the following: Claim for Equitable Distribution of Marital Property.