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.
In Wisconsin, when a petition or complaint for dissolution of marriage or divorce is filed, the responding party must submit an answer or response to the court within a specific timeframe. This important legal document outlines the party's position and addresses the issues raised in the initial filing. Here, we will detail the common components of a Wisconsin Answer or Response to a Petition or Complaint for Dissolution of Marriage or Divorce, ensuring you understand the process and are well-equipped to navigate it. 1. Understanding the Purpose: An answer or response serves as the official reply to the original petition or complaint filed by the initiating party. Its purpose is to address each allegation, issue, or request mentioned in the original filing. The response will highlight the responding party's agreement or disagreement with certain claims and assert their own requests or counterclaims. 2. Timely Filing: In Wisconsin, the respondent generally has 20 days from the date of service to file an answer or response. It is crucial to adhere to this timeline to avoid potential negative consequences. Failure to respond within the specified period may lead to a default judgment in favor of the petitioner. 3. Contents of an Answer or Response: a. Introduction: Begin the document by identifying the court, the parties involved (including full legal names), the case number, and the date of the original petition or complaint. b. Admissions and Denials: Respond to each paragraph or allegation in the original petition or complaint by either admitting, denying, or stating lack of knowledge. It is crucial to provide specific details, explaining the reasons for your response. c. Affirmative Defenses: Raise any legal defenses or counterarguments you may have against the allegations. These could include legal justifications for non-compliance or challenging the petitioner's claims. d. Counterclaims or Requests: In your answer or response, you may introduce additional issues or claims that you wish to address. These could involve child custody or support, division of assets, spousal support, or any other pertinent matters. e. Financial Disclosure: Include a comprehensive statement of your financial situation, including income, expenses, assets, liabilities, and any other financial information required by Wisconsin law. 4. Variations of the Answer or Response: While the general structure of an answer or response remains consistent, there can be some variations based on specific circumstances or additional motions filed. Here are a few types of Wisconsin answers or responses commonly encountered: a. Counter-Petition or Counterclaim: In certain cases, the responding party may assert their own claims against the petitioner, creating a more complex legal scenario. b. Motion to Dismiss: If there are legal grounds to challenge the petition or complaint itself, such as lack of jurisdiction or statute of limitations, the respondent may file a motion to dismiss. c. Temporary Orders: In instances where immediate issues need resolution, the respondent may request temporary orders for child custody, visitation, child support, spousal support, or property division while the divorce proceedings are ongoing. In conclusion, the Wisconsin Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce is a crucial legal document that allows the responding party to assert their position, address the allegations, and introduce counterclaims or requests. It is important to understand the requirements specific to your case and consult with an experienced attorney to ensure your response is comprehensive and in accordance with Wisconsin law.
