How do I respond to a divorce petition?

In West Virginia, it is important to respond to a divorce petition in the proper manner. When a petition for divorce is filed, the responding spouse must provide a written answer to the court. The answer should include a statement of either a willingness to proceed with the divorce or a denial. If the divorce is contested, the answer must set out the grounds for the denial. This typically includes a claim that the petition does not provide good cause for ending the marriage or is incomplete. If the answer is to proceed with the divorce, the respondent should include a statement of agreement with the facts and a waiver of the right to a trial. This waives the requirement of a trial to settle the terms of the divorce. The answer should be filed with the court within the specified period, usually 20–30 days, after receiving the petition. If the respondent fails to file an answer within the time allotted, the court may rule in favor of the petitioner and grant a default judgment. In addition, a respondent can also choose to file a counterpetition requesting a divorce on their own terms. This must be submitted along with the answer. In either case, it is important to consult a lawyer to ensure that the answer is legally sufficient and that the respondent’s rights are adequately protected.

Related FAQs

Are there any grounds for an at-fault divorce?
How can I get a copy of my divorce decree?
How is the division of debt determined?
How is legal custody determined?
What is a temporary order?
What is a mediation divorce?
What is a stipulation of settlement?
What is the difference between a legal separation and a divorce?
What is a marital dissolution agreement?
How can I protect assets in a divorce?

How do I respond to a divorce petition?

Related FAQs

Related Blog Posts