This toolkit tells you about responding to your spouse's complaint for divorce when you and your spouse have minor children. For general information about divorce, read the Articles. Read the Common Questions if you have a specific question. If you want to respond to the divorce complaint you received, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for responding to a complaint for divorce and finishing your divorce. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Read Being a Defendant in a Divorce Case to learn what you can do if your spouse files for divorce.
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage and
- Neither you nor your spouse is pregnant
There is a six month waiting period if:
- There were children born during your marriage or
- You are pregnant or your spouse is pregnant
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days. To learn more, read Introduction to Divorce with Minor Children.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
Serve your spouse with a copy of every paper you file in the divorce case. If you are the Defendant, do this by mailing the papers by first class mail to your spouse at the address listed on the summons. If your spouse has a lawyer, you must mail the papers to the lawyer instead of your spouse.
Complete a Proof of Mailing form each time you mail your spouse papers. File the Proof of Mailing with the court clerk's office in the county where your divorce case is located.