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 South Carolina, when an individual receives a Petition or Complaint for Dissolution of Marriage or Divorce, they are required to provide an Answer or Response. This document serves as the defendant's formal reply to the plaintiff's allegations and requests for relief. To create a comprehensive answer or response, it is crucial to include specific information and address the relevant keywords. Key elements to include in a South Carolina Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce may comprise the following: 1. Heading: Begin by stating the name of the court, the county, and the case number. Include the names of both parties involved, their addresses, and contact information. 2. Caption: Add a caption that identifies this document as the "Answer" or "Response" to the Petition or Complaint for Dissolution of Marriage or Divorce. 3. Response to Allegations: Carefully review the Petition or Complaint and provide a detailed response to each allegation made by the plaintiff. Address each claim separately and accurately. Deny any untrue or inaccurate statements, and admit or agree with any valid points raised by the plaintiff. 4. Counterclaims: If the defendant has any claims against the plaintiff, such as marital misconduct, cruelty, or infidelity, they should be included in the Answer or Response as counterclaims. 5. Affirmative Defenses: Raise any applicable affirmative defenses in response to the allegations. Common defenses may include lack of jurisdiction, statute of limitations, prior court orders, estoppel, or consent. 6. Reliefs and Requests: Clearly state the defendant's requests for specific relief, such as division of property and assets, child custody, child support, alimony, or attorney's fees. Provide a detailed explanation of the desired outcome for each request. Variations of South Carolina Answers or Responses to Petition or Complaint for Dissolution of Marriage or Divorce may include: 1. Answer with Counterclaims: When the defendant has additional claims against the plaintiff, they can include these counterclaims within the document. 2. Counter-Petition for Divorce: In some cases, the defendant may choose to counter-petition for divorce instead of merely responding to the plaintiff's complaint. This allows the defendant to propose their terms for the divorce, including child custody and property division. 3. Answer with Affirmative Defenses: If the defendant believes they have legitimate defenses against the allegations made by the plaintiff, they can raise those defenses as part of their answer. It is essential to consult an attorney specializing in family law in South Carolina to ensure that the Answer or Response adequately addresses the specifics of the case and adheres to the state's legal requirements.
