When a divorce or family law case begins, one party files a petition or a motion. It could be a petition for dissolution of marriage, paternity, or a motion to modify. It could be a motion for contempt, an order of protection, adoption, or other family law matters.
Generally, these initial pleadings must be served on the respondent or non-moving party. Service is usually obtained through a sheriff or special process server. To obtain service, the summons, which the court clerk creates, and initial pleadings are generally handed to the other party or an adult household member.
What’s An Answer to Initial Pleadings?
When a party is served an initial pleading in a divorce or family law matter, that party has to file an answer to the initial pleadings. The laws in each state vary. However, there are deadlines in each jurisdiction that indicate the time for which an answer must be filed.
In an answer, a party has to respond to each numbered paragraph of the initial pleadings. As to each paragraph, the responding party has to admit, deny, or indicate that they have insufficient information to admit or deny the allegations of the initiating party’s paragraphs.
In addition to responding to each paragraph, a party may also raise affirmative defenses in an answer. Affirmative defenses can be vast in number. However, to give some examples, a party can raise equitable defenses such as laches, unclean hands, estoppel, waiver, and other equitable defenses.
If a party does not file an answer within the deadlines, they could be found in default. If a party is in default, the initiating party of the action can file a motion for default, notice if for hearing, and if the motion for default is granted, the initiating party generally gets the relief they requested.
How Can A Responding Go Wrong?
Responding parties can often go wrong by not hiring an attorney and answering within the deadlines. Many individuals do not understand the importance of responding within the time limits. Thus, parties ignore pleadings served upon them, do not hire a lawyer, or try to file a response that does not comply with the legal requirements.
When a party does not comply with the requirements for filing an appropriate answer, they can essentially forfeit (or lose the case) by their inaction. For this reason, when a party is served an initial pleading, hiring a lawyer to file the necessary initial pleadings, including an answer, is vital. In addition to an answer, parties must often file various other documents, including financial statements, a proposed parenting plan, and child support calculations.
