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South Carolina
Answer or Response to Petition or Complaint for Dissolution of...

South Carolina Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

Category:

Family Law - Divorce - Dissolution of Marriage

State:

Multi-State

Control #:

US-02179BG

Format:

Instant download

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

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FAQ

File a divorce petition (i.e., complaint) in the family court of your jurisdiction, which is usually the county in South Carolina where you live. Your spouse will file a response (i.e., answer) to the petition within 30 days (or in cases where the spouse is nonresponsive, the court may order a default judgment).

A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided.

S.C. Code Ann. Section 20-3-80 requires that a hearing cannot be held until ?two months after the filing of the complaint,? and the Family Court cannot issue a final divorce decree until three months after the filing of the complaint.

File the Answer with the court and serve the plaintiff with a copy. The final step is to file your response with the proper court and serve your documents on the plaintiff to prove that you have responded within the allowed 30 day timeframe. You should print out at least two copies of your Answer and your Appearance.

After filing your forms with the Clerk of Family Court, you must serve (deliver) a copy of the paperwork described above. Serving papers is also known as ?service of process.? Service of process lets your spouse know that you are suing your spouse for a divorce.

South Carolina recognizes no-fault and fault based grounds for divorce.

Condonation (a legal term meaning ?conditional forgiveness?) is a powerful defense to a fault divorce in South Carolina. If proven, condonation revives an alimony claim despite a spouse's adultery and notwithstanding South Carolina's statutory bar [S.C.

You must respond in writing to the attached Complaint for Divorce and serve a copy of your Answer on the Plaintiff at the address below within thirty (30) days after the service of this Summons upon you, not counting the day of service, or thirty-five (35) days if you were served by certified mail, restricted delivery, ...

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