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If the Defendant does not respond within thirty days to your Divorce Complaint, you can then file for a default divorce. In Alabama, if you cannot find your spouse then you have to serve them by putting an ad in the paper. These types of divorce procedures are sometimes called divorce by publication.
How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Steps To File A Response To Contested Divorce In AZ Ask your countys Superior Court for the divorce Response packet. Complete the form. Sign the form in front of a notary public or the court clerk. Complete the Coversheet, the Parenting Plan, and the Child Support Worksheet (if applicable).
If your spouse files a response to your petition, they must pay a $274 filing fee for the Response / Answer to Dissolution form.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
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If you choose not to respond your case will default and the judge will award the person filing what was asked for in the divorce petition (papers).
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerks office and tell the clerk about your defenses to the plaintiffs claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
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 will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk.
If you want to respond to a divorce case that your spouse has opened, use the Answer (CC-DR-050) and, if necessary, a Counter-Complaint for Absolute Divorce (CC-DR-094) or Limited Divorce (CC-DR-111).
You should file an answer in court to the complaint within 20 days of receiving the summons and complaint or 7 days if its a Complaint for Contempt.If youre writing your own answer, it should include: The name of the court (in this case, Probate and Family Court) The division of the court. The docket number.

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