Responding to a divorce summons?

UPDATED: Oct 1, 2022

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Responding to a divorce summons?

My husband served divorce papers on me and I didn’t agree to the terms. I talked to his lawyers office and they supposedly got him to agree to my terms regarding the equal split of his 401K. He informed me that he wouldn’t be in with the papers of its worth until 7 days after the default period. However, assured me that it would not go into default since we were working it out. I’m just not sure if I should trust them or not. And I have no lawyer or means to hire one.

Asked on June 30, 2019 under Family Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You should file an answer to the complaint that was attached to the summons instead of risking a default. The answer denies the allegations in the complaint and must be timely filed with the court. The deadline for responding is stated in the summons. In addition to filing the answer with the court, mail a copy to the attorney for your ex. Include a proof of service (court form) which verifies the date of  mailing with both the documents you file with the court and the copy mailed to the attorney for your ex.
At the law library, look in the index of Pleading and Practice under answer to complaint for an example of an answer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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