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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111634
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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how do i write my own written answer when served a divorce ...

Resolved Question:

how do i write my own written answer when served a divorce citation?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
You copy the heading as it appears in the Petition for Divorce. Then, instead of Complaint or Petition, you title your document "Answer."

Then you follow the complaint and number each answer to correspond with the numbers in the complaint. For each answer, you answer "admit," "deny," "insufficient information to admit or deny." After that, if you have any defenses to the allegations such as improper service or improper venue you put them in a section at the end titled "Affirmative Defenses." If not, then you sign your answer and put in your contact information and have it notarized. Then you add in a section titled "Certificate of Service" and put in the date and person you sent a copy to, usually the petitioner's attorney if they have one or if not the petitioner. Sign that, file it with the clerk's office and get a stamped copy from the clerk and mail a copy to the other party.


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Customer: replied 8 years ago.
Reply to PaulMJD's Post: so the title should be "Answer to First Ameded Petition for Divorce"? and do i need to elaborate on the admit, deny, and insufficient information or
does that suffice?   and what is improper service and improper venue?
Expert:  Law Educator, Esq. replied 8 years ago.
No need to elaborate on your answers. As far as improper service or venue or other defenses you may have, those mean that you were not properly served or the complaint is not filed in the right court and you only need to allege those if you want to oppose the divorce. Generally, in divorces there are not many affirmative defenses used. You can also file a "Counterclaim" for divorce, meaning you have your own grounds. To file a "Counterclaim" you place that section under your defenses or answer and follow the same format as the original complaint and then allege your own grounds.