Pennsylvania Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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Multi-State
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US-02179BG
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

In Pennsylvania, if your spouse files for divorce and serves you with papers, you must take action within 20 days. If you don't answer the petition or file a counterclaim within that time frame, the court may assume that you consent to the divorce and move forward with proceedings.

To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.

What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife's situation and any division of property will also be determined based on other factors.

The Divorce will Proceed Even if You Do Not Respond The legal action of divorce is a lawsuit and the case will proceed even if you have not responded. However, you will not have the chance to appear in court, and this can work against you.

Form 3a: Acceptance of Service - Give the other party Notice to Defend and Divorce Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs the Affidavit of Acceptance of Service, Form 3a, stating that he/she has received a copy of Notice to Defend and Divorce Complaint.

Can one spouse stop a divorce from going through? If a plaintiff seeks a divorce by consent, or without consent, the defendant may prevent the divorce from being granted by proving that the parties have not lived separate and apart for at least one year or that the marriage is not irretrievably broken.

In the state of Pennsylvania, there are two official ways in which you may be served divorce papers. The first way is via regular or certified mail, which will be addressed to you at your last known address with a return receipt requested. The second way is via a sheriff or another capable adult besides your spouse.

The complaint states the names and addresses of both spouses and what type of divorce is being sought. The complaint may also state that the plaintiff is seeking other things, like support, alimony, custody, and a property settlement.

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Pennsylvania Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce