Does the civil summons for divorce have to be answered?
Separation and property settlement agreement has been executed. Husband has filed for divorce. If the divorce is uncontested, does an answer to the civil summons have to be executed?
While you should file an answer for a complaint served on you, it is common for defendants not to answer a complaint where the only claim is absolute divorce.
If you file an answer and admit each of the allegations, then that enables the plaintiff (your husband) to schedule the divorce court date sooner. If you do not answer, then your husband must wait the required 30-33 days, depending on how you were served, before scheduling the court date. At the court date, the judge will see that you did not answer and will deem the allegations to be admitted due to no official response and will grant the absolute divorce assuming all the elements have been met.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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