what happens if you don’t respond to a divorce summons?
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what happens if you don’t respond to a divorce summons?
My daughter has a mental illness and we are having difficulty getting her to pursue legal representation, and addressing the summons she received from her spouse. She is 37 years old and we are trying to figure out if there is anything we can do as her parents to at least respond to the summons by the date required. Thanks for any legal advise you may have for us, very difficult time.
Asked on August 13, 2018 under Family Law, Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An answer must be filed with the court and a copy mailed to her ex by the deadline set forth in the summons.
Failure to timely file an answer will result in a default judgment being filed by her ex, which means your daughter has lost the case unless she prevails in filing a motion to set aside the default. If the motion to set aside the default is successful, the case will be back on track.
It would be advisable to have an attorney prepare the answer and file it with the court. If that isn't feasible, see the format for sample answers in Pleading and Practice at the law library. Ask the law librarian to help you find it.
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