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What Happens After I Have Served the Divorce Papers on My Spouse?
by: Children's Law Center
Q.	What happens after I have served the divorce papers on my spouse?

A.	Your spouse has 20 days to file an Answer with the court. The Answer is your spouse?s statement that tells the court whether he or she agrees or disagrees with what you say in your divorce Complaint, including whether he or she agrees or disagrees with what you are asking the court to do.

Q.	What happens after my spouse files the Answer?

A.	The court schedules a status hearing. You and your spouse will be mailed notices with the date, time and courtroom for your status hearing. The status hearing is the first time the court will meet you and your spouse to start to learn something about the case and what is being disputed. At the status hearing, the court will make some decisions about how to handle your case and will schedule further hearings. The status hearing is not your divorce hearing.

Q.	What if my spouse does not file an Answer?

A.	You can still go ahead with your divorce case. But you must file for a default. To request a default, you must file two forms with the Family Court Central Intake Center: An Affidavit in Support of Default and An Affidavit in Compliance with the Servicemembers Civil Relief Act. After you file these forms, the court will schedule your divorce hearing and send you a notice in the mail of the date, time and courtroom for your hearing.

Q.	How will I know whether my spouse has filed an Answer?

A.	Your spouse is supposed to mail a copy to you. However, the best thing to do is check with the Family Court Central Intake Center after the 20 days are up to see whether your spouse has filed an Answer.


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	Last Reviewed On: 08/28/07

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