Monday, July 2, 2012

Please Help! Responding to Divorce Complaint...?

Question by TruthSeeker: Please Help! Responding to Divorce Complaint...? I was served with divorce papers December 5th. I am a stay at home mother and have no money to retain a lawyer (no, legal aid in PA does not help with divorce nor custody cases). I have consulted with a few who have told me that I have 90 days to respond if I want an no-fault, and up to 2 years to respond to the original complaint before the divorce hearing. I'm hearing from other people that you're supposed to respond within 20 days (which is no longer possible as that time has passed). I'm scared that my lack of money has cost me everything now! I can't lose custody of my daughter! The complaint asks for HIM to have physical custody. I still have no money to retain an attorney and all I can do are consultations! Can anyone clarify this? If I didn't respond in 20 days, have I completely screwed up? Please help! I live in Pennsylvania. I have read through the complaint many times, and through the letter sent with it, and there is nothing at all said except that I needed to "promptly respond" but no dates/times/requirements stated. Best answer:

Answer by ruth
Look at the summons--it should tell you how much time you have to respond. Here in TN it is 30 days, for example. I find it odd that you are getting such broad ranges of answers from attorneys--especially for such a simple question as how much time you have to file an answer/counter-claim. I do not practice in PA-- and this cannot be considered legal advice. If I were you, I'd go to the clerk's office and ask them for any help they can give you in filing a pro se answer/counter-claim. They cannot give legal advice, but there may be forms. Basically, you need to ask the judge to release marital funds for you to hire an attorney. But even if you fail to answer and he asks for a default hearing, you can attend and present your side. Good luck.

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