Response to Petition for Dissolution of Marriage

Drafts the respondent's formal answer to a divorce petition, addressing every allegation and establishing positions on all contested issues to prevent default.

Prerequisites

Filed petition — case number, court, all allegations
Client instructions — positions on custody, support, property; factual disputes (especially separation date)
Financial records — income, assets, debts, retirement, business interests
Children's information — names, DOBs, living/school arrangements, parenting history
Service date — confirms response deadline (typically 30 days)

Quick Start

Gather the petition and client instructions
Mirror the petition's caption exactly (court, case number, party names)
Respond to every allegation paragraph-by-paragraph using the response framework
State positions on each contested issue in order
Include verification and signature block
Confirm filing deadline from service date

Response Framework

Every petition allegation must receive one response — an unaddressed allegation may be deemed admitted.

| Response | Use When | |---|---| | Admit | Allegation is true | | Deny | Allegation is false — state correct fact | | Admit in part, deny in part | Partially true — specify each portion | | Lack of information | Respondent genuinely cannot confirm or deny |

Required Sections (in order)

Jurisdiction & Residency — Admit or correct residency/domicile allegations
Statistical Facts — Marriage date, separation date, marriage length, minor children. Flag any disputed separation date with respondent's asserted date and basis.
Child Custody & Visitation — Legal custody (sole/joint), physical custody (sole/joint/primary-to-respondent), proposed visitation if not seeking primary, factual basis (parenting history, routines, involvement)
Child Support — Agrees to pay / seeks from petitioner / requests guideline deviation with justification
Spousal Support — Seeks / opposes / agrees to pay; cite income disparity, earning capacity, marital standard of living, marriage length
Property Division — Characterize community vs. separate property for: residence, other real property, retirement/pension, accounts, vehicles, business interests. Include separate property tracing and debt allocation.
Attorney Fees & Costs — Request contribution based on income/access disparity, or state no request
Affirmative Requests for Relief — Any additional relief respondent seeks

Verification Block

Include declaration under penalty of perjury with respondent name, state, date, and signature line. If represented, add attorney name, bar number, firm, address, and contact.

Formatting

Numbered paragraphs matching petition structure
Document title + page number in footer
Court-compliant margins, spacing, pagination

Pitfalls

Deadline-critical — File within 30 days of service; verify local rule for exact deadline
No concession by omission — every allegation must receive a response
No legal argument — stick to factual admissions/denials and requests for relief; save advocacy for declarations and briefs
Separation date disputes — state respondent's date clearly; affects community property cutoff and support duration
Jurisdiction-specific forms — some states (e.g., California FL-120) require mandatory court forms; flag and adapt content to form fields
Tone — formal, non-inflammatory; deny inaccuracies without argument