LAWSUIT AGAINST ME
Response to divorce petition
Have you received a divorce petition? You usually have 14-21 days to respond counting from the day you receive the letter.
We will help you formulate a litigation position and see to the formalities of filing a response to the lawsuit, so as to best protect your interests and the welfare of your children.
Breathe.
You have received a lawsuit - it is natural that strong emotions accompany you. You are in good hands. We have been guiding clients through divorce for the past 10 years - from the first letter, to the conclusion of the case. We'll take over the paperwork, deadlines and strategy so you can focus on you and your children.
Call us - we will determine the first step: +48 600 342 245
The decision to file for divorce is always a huge step. Clients often don't know what elements are most important: whether to file for fault, how to include issues of children or property.
Our role is to translate emotions into the language of the law and prepare the lawsuit in such a way as to secure the interests of the client at the start of the proceedings.
Founder of the Firm, Attorney at Law
Response to divorce petition - action plan
We present a plan that will help you set a strategy and prepare a complete response to the divorce petition you receive.
Call immediately upon receipt of the letter.
The sooner you communicate your point of view to the attorney, the more precisely the letter will be prepared and the easier it will be to meet the deadlines. The deadline for filing a response (usually 14-21 days) is counted from the date of receipt of court correspondence.
Consent to divorce: shorter, synthetic answer + common position = faster proceedings.
Disagree/question demands: full justification + evidence.
It is in your response to the lawsuit that you make your own requests for evidence and address the other party's claims. Prepare:
- Earnings certificates, PIT, statement of expenses (bills, invoices, transfer receipts),
- A list of witnesses (including their mailing addresses),
- A proposal for contact with children (specific days and times).
In the case of minor children, indicate the proposal to regulate parental authority, contacts and the proposed or expected amount of alimony.
Describe the history of the relationship from your perspective, address the opposing party's claims and allegations. Tell us your expectations and concerns so we know how best to help you.
Response to a divorce petition. What do I need to prepare? Read article
Why our law firm
Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
Individual strategy
Every case is different, so we peel off solutions for your goals and realistic possibilities.
Transparent collaboration process
You always know what is going on, you are prepared and informed.
You gain peace of mind, support and time
We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Establish a strategy (blame/no blame)
- Formulate demands/expectations relating to parental authority, contact and maintenance for minor children
- Preparation of a response to a divorce petition
- Formulation of evidence requests
- Conducting negotiations with the opposing party
- Representation at the trial
FAQ
Everything you need to know about: Preparation of a response to a divorce petition
Divorce proceedings involve emotions, procedures and time. Attorney support will allow you to reduce your involvement and gain confidence that your case is under the care of a professional.
How much time do I have to respond to the lawsuit?
The deadline for a response is set by the court - it is at least 14 days, although it happens that the deadlines are longer, sometimes 21 days or even a month. The time limit is always counted from the day of receipt of correspondence.
Is there a court fee on the response to the lawsuit?
No. Unlike a lawsuit, a response to a lawsuit is not subject to a court fee.
What must a response to a lawsuit contain?
- Your position (whether you agree with the divorce; how you would like to regulate minor children).
- Address the other party's claims and demands.
- Evidence requests (e.g., witnesses, documents, recordings).
This is your chance to fully present your position in writing - make the most of it.
Can I request that the claim be dismissed?
Yes - when you do not agree to divorce and believe that the relationship can be saved. You can also request a stay of proceedings, but in doing so you must convince the court that there is a real chance of maintaining marital life. The court will dismiss a petition for divorce if it determines that there has been no complete and permanent breakdown of marriage, or if there are negative grounds for divorce in the case (e.g., contrary to the welfare of the child or principles of social intercourse). Divorce is also inadmissible when it is demanded by the solely guilty spouse, unless the other party agrees to it or its refusal is deemed contrary to the principles of social intercourse.
Can I request mediation?
Yes. Mediation makes sense, especially still you want to settle issues of parental authority, contact or alimony. You can also negotiate with the other party through your attorney.
Do I have to decide on the „guilt” issue right away?
Yes, you need to determine your strategy of action. In your answer, indicate whether you are filing for divorce without adjudication of guilt, or whether you are requesting a determination of your spouse's guilt.
What about the children - what should I present?
With minor children, state your proposal to regulate parental authority, contacts and your position on child support.
What evidence and documents to prepare?
Prepare evidence with which to prove your claims - witnesses, documents, recordings. In the case of alimony - a certificate of earnings, tax returns, statements of expenses, as well as bills, receipts or transfer receipts to support them.
To whom do I send my reply?
You send it to the court, enclosing a copy for the opposing party. If you have a lawyer, he will see to the service and paperwork.
What if I agree to divorce?
The answer can then be succinct - just vaguely describe the circumstances surrounding the breakdown of marriage in your relationship.
Is it advisable to use an attorney to draft a response to a divorce petition?
It's definitely worth it. This is a letter in which you present your position on the case - your expectations, demands and claims. In it you also respond to the position of the opposing party.
- Deadline and completeness: we will meet the deadline and prepare a complete, logical response: demands, reference to the other party's claims, correct structure.
- Strategy: we will advise on process startegy and explain the consequences of decisions.
- Children and finances: we will formulate a position on parental authority, contact and child support, and, if necessary, we will prepare a motion for trial security.
- Evidence: we will explain what evidence is worth providing, put it in order and describe it properly.
- Form and service: we will make sure that the letter meets the formal requirements and is filed within the time limit set by the court.
- Peace of mind and time savings: we will take over contact with the other party's attorney and the court, reducing stress and the risk of errors.
The result: a thorough, well-documented response, which we will prepare together, will give you confidence that your position in the case has been properly presented and your demands properly justified.
For more information, see our Guide:
