Received a notice in registered mail from my spouse's lawyer stating a Divorce Complaint was filed in the Chester County Court, PA on DATE1. Received notice in registered mail on DATE2. The divorce is sought under Section 3301(c) - Irretrievable breakdown, mutual consent and Section 3301(d) Irretrievable breakdown - 2 yrs. separation. After 90 days have elapsed my spouse intends to file an affidavit consenting to the divorce. My questions are:
1. The notice caught me blindsided and it might take me time to find a good lawyer. What is the 20 days response time frame for and do I need to respond in 20 days?
2. Is it 20 days from filing (DATE1) or when I received it in mail (DATE2)? Is it business/calendar day?
3. What happens if I cannot respond in 20 day?
4. What is typical response?
Well I'm sorry to hear of you being blindsided. I'm sure this is probably causing you much stress. You should meet with an attorney ASAP to review this matter; this is especially true if there are potential issues of alimony, child support, child custody, equitable distribution of assets, etc. If you fail to properly respond, you can be setting yourself up to lose all of the above rights, with the exception of child support, but there can be arguments made about amounts of child support. There is also the remaining issue, I suppose, of whether you want this divorce granted. All of these questions can't be answered in this online forum, but require a meeting in person.
I am sorry you are dealing with this difficult situation. Especially, because you were "blindsided" with the divorce complaint. I agree with Mr. Henry that you should likely meet with an attorney in person. It is difficult to provide you with the most appropriate response without knowing the specific details. Moreover, you want to be sure to consider all of your possible options.
The first question I would have for you is - Do you want a divorce? The divorce code requires the court to order marriage counseling if either party requests it. The court will typically order 3 counseling sessions if requested. However, as I am sure you are aware, it will take both of you to work on reconciliation. If you decide or it becomes evident that reconciliation is impossible, there are a litany of items that you should be aware of. These can best be discussed in a face-to-face meeting.
To try to answer your specific questions, the 20 days begin to run from the time the Complaint was served on you (the day you received the certified mail). To best protect your interest, a response within 20 days is prudent. Although there will likely be no immediate repercussions if you do not respond within twenty days, it is wise not to ignore the Divorce Complaint though. You have certain rights under the divorce code and you want to be sure to protect those. Your best course of action is to meet with an attorney as soon as possible to determine an appropriate response for your specific situation. You do not want to put your self in a difficult position and risk losing rights, simply because you failed to respond in a timely fashion.
Michael F. MarotoBusiness AttorneyWest Chester, PA ·
1. The 20 day response time is so that you raise your objections, answers and counterclaims to the divorce in a timely fashion. While the PA rules of procedure dictate that all averments (allegations/claims) raised in a divorce complaint are automatically denied unless specifically answered, you shouldn't rely on this fact and you should consult a local attorney immediately. You'll want to discuss with the attorney whether or not you should or should not answer the complaint, when and under what circumstances and what counterclaims should be raised.
2. 20 calendar days from the date you accepted services.
3. You possibly may lose rights to raise certain claims or objections - such as jurisdiction, venue etc. You should really speak with an attorney to discuss your case and put your mind more at ease.
4. There really are no "typical" responses. Despite what most people believe, divorce tends to be a very unique and personally experience, specific to each person and their case. Everyone's needs differ based on what their desired outcome is, the history of the marriage, the length of the marriage, etc. I would encourage you to set-up a free consultation with an attorney to speak about your case.
In Pennsylvania, a default judgement cannot be entered in a Divorce case. In fact, unless you are going to file a counterclaim, you need not file an answer. Unless you have specific objections to the legality of the divorce action itself, your failure to respond within the twenty says may not have any effect whatsoever. That being said, and I apologize for the legalese in my answer, you should consult an attorney as soon as possible.