# Defendant in Divorce **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [August 1, 2010, 8:48pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627 "2010-08-01T20:48:48Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![lawsarefuzzy](https://avatars.discourse-cdn.com/v4/letter/l/e8c25b/32.png) [@lawsarefuzzy](https://forum.rosen.com/u/lawsarefuzzy)\ **Post date:** [August 1, 2010, 8:48pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/1 "2010-08-01T20:48:48Z")
I have been served divorce complaint documents via registered mail. A separation agreement is in place, and neither party is contesting the divorce, need I do anything with these documents (any kind of response) – or is the automatic response from the certified mail all that needs to be done? ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [August 2, 2010, 3:46pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/2 "2010-08-02T15:46:35Z")
If you agree with all the allegations in the Complaint, you need not respond and the divorce will proceed. ---
**Author:** ![dmsjts](https://avatars.discourse-cdn.com/v4/letter/d/b38774/32.png) [@dmsjts](https://forum.rosen.com/u/dmsjts)\ **Post date:** [August 3, 2010, 3:17am UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/3 "2010-08-03T03:17:45Z")
> [@Erin Clarey](#): > > If you agree with all the allegations in the Complaint, you need not respond and the divorce will proceed. I had been sent; filed divorce pleadings, the Summons and the Acceptance of Service document via email. I do not have a physical address nor currently have access to my APO box (Armed Forces Overseas). Since I am in Germany and 7 hours away from any notary or american base, so I also cannot have the Acceptance of Service notarized. Might divorce proceedings still go forward? What are other available options? ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [August 3, 2010, 1:45pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/4 "2010-08-03T13:45:26Z")
You must be served, or file a verified answer and counterclaim (which must also be notarized). Without filing one either a answer and counterclaim, or the proper acceptance of service the divorce cannot proceed without your picking up the documents from your APO. ---
**Author:** ![marine781](https://avatars.discourse-cdn.com/v4/letter/m/7c8e57/32.png) [@marine781](https://forum.rosen.com/u/marine781)\ **Post date:** [August 14, 2010, 12:05pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/5 "2010-08-14T12:05:20Z")
I like some assistance please, I was served with a verified complaint from the Plaintiff’s Attorney and I already have my Answer all typed up and ready to go. I also started a counterclaim and my question is when filling out the Counter Claim am I still referred to as the Defendant or am I to switch roles and become the Plaintiff and also will the File Number remain the same or will the Counter Claim be assigned a new file number by the Clerk of and also do I have to pay a filing fee to file a counterclaim, If so How much? Any help would be greatly appreciated, Thank You. Please e-mail me if you’re able too. ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [August 16, 2010, 1:45pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/6 "2010-08-16T13:45:25Z")
You are the Defendant in the action, and will refer to yourself as the Defendant even in the counterclaim. The answer and counterclaim, and all subsequent documents and pleadings related to the case will be file under the original file number. There is no fee to file an answer and counterclaim. ---
**Author:** ![marine781](https://avatars.discourse-cdn.com/v4/letter/m/7c8e57/32.png) [@marine781](https://forum.rosen.com/u/marine781)\ **Post date:** [August 16, 2010, 4:55pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/7 "2010-08-16T16:55:09Z")
Thank you so much Erin, You’re such a big help and we all greatly appreciate that your firm responds to our inquires. ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [August 16, 2010, 5:03pm UTC](https://forum.rosen.com/t/defendant-in-divorce/10627/8 "2010-08-16T17:03:39Z")
You are most welcome!