What Is a Respondent
The respondent is the spouse who receives the divorce petition filed by the other spouse (the petitioner) and is required to respond within a specific timeframe set by state law. Once you are served with divorce papers, you become the respondent in that case, regardless of whether you wanted the divorce or contested it.
Respondent vs. Petitioner
The petitioner initiates the divorce by filing first. The respondent reacts to that filing. This distinction matters because it affects deadlines, procedural requirements, and sometimes even how judges view settlement proposals. In some states like California, the terminology has shifted to "Petitioner" and "Respondent," while others use "Plaintiff" and "Defendant." The role you play does not determine who gets custody, support, or property division, but it does establish your legal obligations from day one.
Key Deadlines and Requirements
As respondent, you must file an Answer to the petition within a strict timeframe. Most states allow 20 to 30 days from service, though this varies. In Texas, you have 20 days. In New York, you typically have 20 days or 30 days depending on how you were served. Missing this deadline can result in default judgment, meaning the court may grant what the petitioner requested without hearing your side.
Your Answer must address each claim in the petition. You can agree with some allegations, deny others, or state that you lack information to respond. If you have counterclaims regarding custody, spousal support, or property division, you file those simultaneously with your Answer.
Impact on Custody, Support, and Property Division
Being the respondent does not disadvantage you in how custody, spousal support, or property are divided. Judges follow state law and community property or equitable distribution rules regardless of who filed first. However, the respondent must affirmatively present their position on these issues. If you want 50/50 custody, you must request it. If you believe property should be divided differently than the petitioner proposed, you must explain why in your Answer or subsequent filings.
Common Questions
- Can I countersue if I am the respondent? Yes. You can file counterclaims for custody, support, or property division in your Answer. Some states let you request relief equal to or greater than what the petitioner asked for.
- What happens if I do not respond to the petition? The court may enter a default judgment against you. You could lose custody rights, be ordered to pay support amounts you did not agree to, or lose claim to marital property. This is difficult to reverse later.
- Do I need an attorney to file an Answer? Many people file their own Answers, particularly in uncontested divorces. However, if custody, significant assets, or spousal support are contested, an attorney helps ensure your Answer protects your rights and preserves arguments for later stages.