The Divorce Process – The Answer

Brandon WaltripDivorce & Child Custody

This blog is the second in a series covering the Divorce Process. Specifically, this blog looks at the Answer; the purpose of the Answer and what should be included. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent County, and you are required to file an Answer to a Divorce Complaint, please contact my office and schedule a free consultation.

Once a Divorce Complaint has been filed and served, the opposing party is then required to file an answer. An Answer must be filed within twenty-one days of the party being served. It is important to answer each allegation in the Divorce Complaint otherwise the allegations will be accepted as undisputed. Additionally, if a party fails to respond, after being served, that party will be considered in default and the complaining party may move for judgment on the basis of the facts they have alleged.

Two of the most important allegations in an Answer that almost always require are the date of separation and the factual basis for the grounds of divorce. Answers regarding the date of separation are important as this will almost always establish when assets of the marriage are separated and valued. The difference between a few months, sometimes a year, can mean a substantial change in the equity in a home, the value of a retirement, or the length of spousal support. Also, whether or not the allegations are confronted could result in the finding of a fault based grounds of divorce where one does not exist.

In addition to an Answer, most attorneys will respond with a Counter-Claim. This provides an opportunity for the responding party to allege alternative facts and grounds for divorce while also requesting relief.

If you have received a complaint for divorce and need an attorney in Williamsburg, York County, or New Kent County to respond with an Answer and/or Counter-Claim please contact Waltrip Firm, PC and schedule a free consultation.