Family & Safety

If you are served with divorce papers, this means you received a summons and a Petition for Dissolution of Marriage. The petition should state that your spouse wants a divorce and lists what they want from the divorce. This includes how they think property and/or debt should be decided, and what should happen with any children you have together. The summons tells you where and when to file an Appearance and an Answer to the divorce petition.

Usually, you have 30 days from when you were served the divorce papers to file an Appearance and an Answer. If you ignore the divorce papers, you won't go to jail or pay a fine. However, the judge may give your spouse a divorce “by default” and allow the case will go on without you. This means that your spouse might get what they asked for in their Petition, including their proposed division of assets and debts.

The judge will base the final case decisions on what your spouse wants and what the law says without hearing your side. If you want your side to be heard, you must file Appearance and Answer forms and you should go to every court date.

Due to the Covid pandemic, many court dates are being held via videoconference. A few days before your court date, make sure that you confirm whether the courthouse you are assigned to is operating via videoconference or in person. This ensures that you won't miss your appearance date. Missing your court dates risks that the judge will resolve your case without your input.

You can also file a Counter-Petition to ask for what you want in the divorce. If you file a Counter-Petition and wish to proceed with the divorce, the judge will not be able to dismiss your case if your spouse stops attending court.