What Is Answer
An answer is the respondent's formal written response to a divorce petition filed by the petitioner. You must file it within a specific timeframe, typically 20 to 30 days depending on your state, to avoid a default judgment where the court may grant the petitioner's requests without hearing your side.
Filing Deadlines and Consequences
The deadline to file an answer varies by state. In California, you have 30 days from service. In New York, you have 20 days if served within the state. In Texas, the deadline is 20 days if served by citation and 21 days if served by mail. Missing this deadline can result in a default judgment, which means the court may award the petitioner everything they requested: custody arrangement, property division, spousal support, and child support amounts without your input.
Once a default judgment enters, it becomes significantly harder to modify or overturn. You can sometimes file a motion to set aside a default, but you'll need to show good cause (illness, attorney error, or lack of notice) and move quickly, usually within six months to one year depending on the state.
What Goes in an Answer
Your answer must address each allegation in the petition one by one, admitting, denying, or claiming insufficient knowledge about each claim. This is not where you argue your case broadly, but rather where you respond specifically to what the petitioner alleged about grounds for divorce, custody preferences, property characterization, and support requests.
If you have your own claims beyond just responding to the petition, you typically file a counterclaim within the same answer document. For example, if the petitioner is asking for $2,000 per month spousal support but you believe they should pay you support instead, you'd include that as a counterclaim in your answer.
Key Strategic Elements
- Grounds for divorce: Respond to whether the marriage is broken (in no-fault states) or address specific fault allegations if your state allows fault-based divorce.
- Custody and visitation: State your position on who should have primary custody and what visitation schedule you propose. Courts in all 50 states prioritize the best interests of the child standard.
- Property division: Address how marital assets and debts should be divided. Community property states (California, Texas, Arizona, among nine others) divide marital property equally; equitable distribution states divide it fairly but not necessarily equally.
- Spousal support: Indicate whether you agree with, dispute, or propose an alternative amount based on factors like earning capacity, age, length of marriage, and contributions to the marriage.
- Child support: Respond to the proposed amount. Courts use state-specific guidelines based on both parents' incomes, custody time-sharing, and other factors.
Common Questions
- What happens if I don't file an answer? The court will likely enter a default judgment against you. This means the judge approves everything the petitioner requested without hearing your perspective. You lose the opportunity to dispute asset division, custody arrangements, and support amounts.
- Can I file an answer myself without an attorney? Yes, you can file a pro se answer (representing yourself), but divorce involves significant long-term financial and custody consequences. Many courts provide form answers to help with formatting and required elements, but an attorney can ensure your legal rights are properly protected.
- What's the difference between an answer and a response? In legal terminology, "answer" is the specific document respondents file in divorce cases. Some states use "response" interchangeably, but courts expect the formal pleading titled "Answer" filed within the deadline.