New York Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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US-02179BG
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Description

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.

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  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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How to fill out Answer Or Response To Petition Or Complaint For Dissolution Of Marriage Or Divorce?

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FAQ

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)).

Your spouse has 21 days to file an Answer with the court. The Answer is your spouse's statement that tells the court whether he or she agrees or disagrees with what you say in your divorce Complaint, including whether he or she agrees or disagrees with what you say or wants the court to do something different.

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint.

STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.

If you were served with the Summons and Verified Complaint, then you need to file two forms. A "Notice of Appearance and Demand," and an "Answer." Writing an "Answer" is tricky. You may be able to file a letter along with your Notice of Appearance that explains why you need more time to write your Answer.

The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have ?grounds? in order to get divorced.

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New York Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce