QUESTION
I was served divorce papers, which states that I have 20 days to respond. Is it 20 calendar days or business days?
Asked on Nov 28th, 2012 on Divorce - California
More details to this question:
I am currently unemployed. Do I need a lawyer for the initial response if I want to contest the divorce?
17 ANSWERS
You have 20 calendar days to respond after being served. You are not required to have an attorney. If you reside in Maricopa County, the forms and instructions for filing a Response can be found at www.superiorcourt.maricopa.gov, self-service center.
Answered on Nov 30th, 2012 at 4:08 AM
Dennis P. Mikko
It is always a good idea to have an attorney represent you as the attorney understands the law and court rules. If you cannot afford an attorney you will have to file an answer to the complaint admitting, denying or neither admitting or denying each allegation in the complaint. If the time to respond is 20 days, that is 20 calendar days. If the last day falls on a Saturday, Sunday or other day the court is closed, you would have until the end of the next business day to file your response. Your response must be filed with the court and copy mailed to the other side/attorney with a proof of service being filed with the court.
Answered on Nov 29th, 2012 at 5:07 PM
It's calendar days unless the last day falls on a weekend or holiday then you have until the next day. Remember: Michigan is a no-fault divorce state so you can't prevent the divorce, but you might want to review your situation with an experienced attorney if you want a fair division of the marital estate (anything accumulated during the marriage, including retirement).
Answered on Nov 29th, 2012 at 5:02 PM
You have 30 calendar days to respond to the initial petition. You may file the response yourself but you can consult a family law facilitator if you have any questions.
Answered on Nov 29th, 2012 at 12:29 PM
If you have been served with papers in California the rule is that you have 30 days from the date you were served but it is calendar days, not court days. If you were served in a California divorce check your paper work.
Answered on Nov 29th, 2012 at 12:29 PM
If you want to contest the divorce, I would recommend you retain an attorney ASAP. Don't worry about calendar or business days, let your attorney do his/her job.
Answered on Nov 29th, 2012 at 12:28 PM
Steven D. Dunnings
Should be 21 days personal service 28 days by mail.
Answered on Nov 29th, 2012 at 12:26 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It is calendar days, not business days, although it is usually 30 days, not 20. You are not required to have an attorney at any stage of the proceedings, but attorneys can be helpful at all stages of the case.
Answered on Nov 29th, 2012 at 12:24 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your answer date is the Monday following 20 days from the date you were served. I suggest you hire a lawyer.
Answered on Nov 29th, 2012 at 12:24 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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20 calendar days, not 20 business days. You should consult with an attorney in order to best determine your potential rights and options under Florida law, as well as protect those rights. You can file the initial response by yourself, but frequently, if you later retain an attorney, they will probably want to amend your response and if you don't properly respond, you could be giving up valuable rights by not properly pleading your claims. As stated, you should consult with an attorney.
Answered on Nov 29th, 2012 at 12:22 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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I'm not sure what papers you were served as you did not state. However, if you fail to respond the court may proceed by default and enter orders against you. You should file a response within the time the document specifies. If you need assistance you can go to the court facilitator's office located at the courthouse. The service is free. You can also apply for a fee waiver if you cannot afford to pay the filing fee.
Answered on Nov 29th, 2012 at 12:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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20 calendar days. You can't stop the divorce. You should talk to an attorney about your rights so you don't lose them.
Answered on Nov 29th, 2012 at 12:19 PM
1 Award
It is calendar days, not business days. If you want to contest it, I highly recommend that you retain a lawyer to represent you.
Answered on Nov 29th, 2012 at 12:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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20 colander days and yes, you will need an attorney, after all, its just the rest of your life which is at issue.
Answered on Nov 29th, 2012 at 12:18 PM
Bankruptcy Chapter 7 Attorney serving Akron, OH
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Alexander R. Folk, Attorney at Law
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Yes, get a lawyer and or file a response.
Answered on Nov 29th, 2012 at 12:17 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan you have 21 calendar days from service to file an answer. An attorney may be able to get additional time and will make sure your rights are protected and will discuss all issues with you.
Answered on Nov 29th, 2012 at 12:17 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Are you sure it is not 30 days? That is the statutory response time in CA. you do not have to have a lawyer for any stage of the proceedings. Most California courts have self-help resources ("Facilitators") and many attorneys (myself included) will supply services on a "limited scope" basis, meaning you only pay them for specific tasks.
Answered on Nov 29th, 2012 at 12:08 PM