In most civil cases, if you don’t file an answer to the complaint you receive, you go into default and lose your right to contest any issues. But is that what happens in divorce cases too? Below, a dedicated divorce lawyer at Michael A. Newland Law Office in Hamilton, OH, explains the legal process after a spouse files a petition for separation. 

Serving a Spouse With a Divorce Complaint

To start an action for a separation, a spouse, or a divorce lawyer acting on their behalf, files a petition with the court and serves a copy on the other partner. The spouse has the right to file an answer to contest or raise any issues relevant to the proceeding.

Typical issues on which spouses may disagree include child custody and support, division of marital property and debts, pension rights, and spousal support. A partner who disagrees with any allegations in the divorce petition should file an answer and state their position. 

Failing to File an Answer

In Ohio, courts cannot render default judgments in divorce cases. A spouse who fails to file an answer can still contest the final divorce hearing. The Tenth District Court of Appeals reaffirmed this legal principle in Wood v. Hein in 2014. There, the appellate court held that the trial court acted improperly when it refused to allow the husband in default to present evidence at his wife’s scheduled, uncontested divorce hearing. 

If you’re facing a separation, seek counsel from a compassionate divorce lawyer at Michael A. Newland Law Office, in Hamilton, OH. Backed by over 25 years of experience as a family and child custody attorney, he offers skilled advocacy and dedicated service to achieve the best possible outcome. Visit the website to learn more about his practice, and to schedule a confidential consultation, call (513) 887-9595 today.