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Does a Divorce Petitioner Have to Respond to a Counterclaim

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  • 12-21-2013, 08:43 AM
    snowangel13
    Does a Divorce Petitioner Have to Respond to a Counterclaim
    My question involves a marriage in the state of: Utah

    I understand that after being served with divorce papers from petitioner the respondent has the option of filing an answer within 20 days if they live in the state or 30 days if they live out of the state. If the respondent files an answer along with a counterclaim and the petitioner doesn't respond to that answer and counterclaim by the respondent then what happens?

    Can the respondent file for default because their answer and counterclaim was filed and petitioner didn't respond to them or will the divorce go through mediation and possibly a hearing?
  • 12-21-2013, 12:03 PM
    adjusterjack
    Re: Divorce Answer Filed
    You would need to read the Utah rules of civil procedure for the answer to that question. And since you appear to be handling this without a lawyer you'll need to study them anyway.

    http://www.utcourts.gov/resources/rules/urcp/

    However, even if filing for default was proper (which it probably isn't) the judge probably wouldn't allow it anyway, since the object of the petition is to get divorced in the first place.

    If you can't figure out what to do next, hire a lawyer.
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