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There is no separation requirement before divorce EXCEPT for divorces on ?One Year Separation.? However, every divorce petition must give the date the spouses ?last lived together.? The ?period of separation? can be important in a variety of ways.

You should fill out the forms for the Respondent. You can also get an Answer form in the circuit clerk's office. The answer states whether you agree to the divorce. The answer also lets you state what you want in the divorce.

If they don't respond, the court will proceed with the divorce without requiring any further input from your spouse. If your spouse does respond, things can get heated and drag out, but you will have the court behind you to keep the process moving.

§48-5-202. (a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.

A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.

When one looks at the summons, chances are, it's going to say that they have 20 days to respond to the divorce petition. If one doesn't respond, judgment can be had against them . This summons notifies someone that they need to file an answer within a certain amount of time. It's usually 20 days.