This is where you present your position for the first time after receiving the petition - you indicate whether you agree with the divorce, whether you want the court to adjudicate guilt, refer to what your husband or wife has written.
With the service of a copy of the statement of claim, the court, in addition to setting a hearing date, requires the defendant to respond to the claims contained therein. It usually sets a specific deadline for this purpose, which is usually 14 or 21 days. Drafting a response to the lawsuit gives us the opportunity to present our position in the case and address any claims made by the opposing party. Due to the fact that the deadline for filing a response, if strictly set by the court, begins to run from the moment we receive the court correspondence, it is advisable to contact an attorney as soon as possible after receiving the lawsuit. It is important that we convey our point of view to the attorney. The more time we have for this, the more certain we can be that the letter he prepares will most fully express and secure the position we present.
Along with the lawsuit, you should receive an order from the court to respond to the motions and claims contained therein, as well as to submit information and documents requested by the court. Be careful! The court has probably set an appropriate deadline for this. It is usually 14 or 21 days. Meeting this deadline is extremely important to protect your interests.
The response to the lawsuit should include our demands, relate them to the demands of the opposing party and the facts presented by him. This is also the place to make requests for evidence - witnesses, documents, recordings, etc.
If we agree with our spouse, drafting a response to the petition may be limited to agreeing to the divorce and briefly stating the facts. However, if we do not want a divorce, or if we dispute other demands of the plaintiff - then we must properly and fully justify our position. It may be that the statement of defense will be the only opportunity to present our position in writing throughout the process - according to the regulations, it is the court that decides whether and at what point a party may file a pleading during the proceedings. It is in the statement of defense, therefore, that all our claims, observations and comments on the opposing party's claims should be included.
We send the response to the lawsuit directly to the court, enclosing a copy for the opposing party. If we are represented by a lawyer, it will be up to him to take care of the formalities - to send the letter to the court and directly to the opposing party's attorney, if he also uses a professional.
