Required to answer summons?

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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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.