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#13771 - 06/02/05 07:56 AM Should You File A Response?
AZRN Offline
member

Registered: 03/22/05
Posts: 151
The forms a respondent receives from the petitioner make it sound like you would be an idiot to ignore them - that is, "do nothing." This is not necessarily true.

In my opinion, a response is ONLY necessary if you disagree in a major way with a petition. Issues such as needing spousal support, CS, court-ordered property & debt division, obviously, would probably require filing a response--unless the petitioner INCLUDES them properly in his/her petition! Certainly disagreements about any of these things necessitates a response.

But if there are no real disagreements and especially if there are no kids or MAJOR property/debt issues, it's kind of dumb to respond. It just prolongs the case and adds costs to you. By NOT responding, you are in effect "agreeing" with the issues as presented in the petition, or at least, not in major disagreement with the items in the petition.

* * * * From the AZ Superior Court (Maricopa Co.) FAQ: * * * *
I was just served with divorce papers. If I agree with every-
thing my spouse is asking for do I need to respond?

Only you can determine how to proceed with your case. If you
agree to everything, and choose not to respond, the petitioning
party could proceed by default. If you agree to everything and
you choose to respond, both parties could proceed by filing a
consent decree. If you have questions about your case, obtain
legal advice.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Note: The Response FEE of $231 will have to paid even if you agree and decide to co-file a consent decree.

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#13772 - 06/02/05 08:09 AM Should You File A Response? [Re: AZRN]
AZRN Offline
member

Registered: 03/22/05
Posts: 151
P.S. If you file a response, you WILL have to attend "Alternative Dispute Resolution" (ADR) meeting(s). This is because the response is an indication of dispute and rather than forcing the case to go to trial (more expensive to taxpayers), the court requires you and the other party to make some attempt at resolution. ADR is considered an alternative to litigation.

Per the ADR form that you have to submit, you are required to meet or talk on phone regarding the issue(s), and choose an appropriate ADR conference format, depending on your case and issues. There is court-sposored (free) ADR meetings or you are allowed to choose a private mediator.

(There are provisions for situations where domestic violence is a risk. No court will force you to meet with a physically abusive or overly intimidating spouse. Neither will ADR sessions be very useful in that case.)

For more info go here:
http://www.superiorcourt.maricopa.gov/adr/genInfo/genInfo.asp

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#13773 - 10/15/06 03:11 AM Re: Should You File A Response? [Re: AZRN]
Rozy1 Offline
recently joined

Registered: 10/13/06
Posts: 2
Wow, good job! Did you get him to read this or what? He's a real dope.

For everyone else reading this, of course you need to respond or risk losing everything by default.

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