This blog is about filing an Answer and Cross Complaint in a Connecticut divorce.
A divorce starts with the Plaintiff preparing a Summons, Complaint and Notice of Automatic Orders and serving the Defendant with those documents. Then the Plaintiff provides proof that the Defendant was properly served and pays the filing fee to the Clerk’s Office. A docket number is assigned and a new divorce case is born.
But what should the Defendant do after they are served with divorce papers?
First – Always file an Appearance or retain an attorney to appear on your behalf. The Appearance form gives the Court and all parties an address where motions and correspondence from the Court can be received. If you do not file an Appearance, court orders may be entered in your absence and a default divorce granted.
Second – Always file an Answer. This is the Defendant’s opportunity to agree or disagree with the allegations in the Complaint. For example, you may disagree with one of the grounds for the divorce or there may mistakes as to the date of the marriage or the birth date of a child. (Yes, it happens).
Finally – Always file a Cross Complaint. This is simply you suing your spouse for divorce. Don’t file it because you’re pissed off. File it to protect your rights. The Cross Complaint sets forth your allegations and your requests such as alimony, custody and child support.
But more importantly, a Cross Complaint allows you to pursue the divorce even if your spouse attempts to close the case. For example, a spouse doesn’t like the temperature of things in court so they withdraw their Complaint. Unless you filed a Cross Complaint, your case would be over and you would have to start from scratch.
Contact my offices in Fairfield or Stamford online or by calling me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the Cross Complaint process.