Ohio Divorce Attorney: The Answer of Defendant in Divorce
Next Step in the Process of Divorce: The Answer
You have been served with a Complaint for Divorce – the Answer is your reply, but like the Complaint, there are some important things you should be aware of.
As with any other type of civil litigation, you only have a short period of time in which to file your response with the court – 28 days from the date of service of the Complaint. If you fail to file your Answer within the 28 days, the divorce may be granted without any input from you, meaning your spouse would likely get whatever it is they are asking for, which can have serious implications if you have children, or a home, cars, or debt in both your names.
However, just filing an Answer may not be enough; you may also need to file a Counterclaim with your Answer. A counterclaim is your set of allegations, similar to those made in the Complaint, but your version. You can claim different grounds for divorce than those claimed by your spouse in their initial Complaint, as long as it is one of the eleven grounds set forth by the Ohio Revised Code Section 1305.01, as reviewed in my previous article, The Complaint for Divorce. Perhaps your spouse filed claiming irreconcilable differences, when in fact the cause is adultery on their part. In addition, you may way a different relief from the court in regards to division of assets or debts, parental visitation or custody, child support or alimony, or you may want a specific relief unique to your own situation.
All of these considerations are important things to discuss with an experienced family law attorney. Contact me, the Ohio Divorce Attorney, Jamie L. Anderson today for a free consultation at (937)879-9542. Let me help you secure your family, your finances and future.
