Failure to Answer -- Default

If the divorce/dissolution petition is properly served on the respondent, and he or she doesn't answer it, the court will likely assume that the respondent agrees to the divorce on the terms that the filing spouse set in the petition, and a "default" will be entered in the case -- meaning that by failing to answer the divorce/dissolution petition, the respondent's right to argue any part of the divorce has ended.

If a default is entered against a spouse who failed to answer a divorce/dissolution petition, he or she may be able to ask the court to remove or "set aside" the default so that the divorce can be contested, but the respondent will need to show sound legal reasons that justify such a move.

Sample Forms: Answers to Petition for Divorce/Dissolution

The state-specific samples below should give you an idea of what an answer to petition for divorce/dissolution looks like, and the information these documents usually contain:

• Colorado: Response to the Petition for Dissolution of Marriage [PDF] (CO Judiciary)
• Washington: Response to Petition (Domestic Relations) [PDF] (WA Courts)
• West Virginia: Answer to Divorce Petition [PDF] (WV Supreme Court of Appeals)