Why You Must Respond to a Complaint and Summons

When beginning a domestic relations action, a Complaint and Summons must first be served to the respondent. This provides notice of the action to the respondent and also details what type of action the petition is bringing to the court.

Being Served a Complaint and Summons

Once a party is served with a Complaint and Summons for divorce, the respondent has 30 days in which to respond. Therefore, it is imperative for a respondent to act quickly in not only obtaining an attorney but also gathering the information necessary to submit a proper answer to the court within the deadline. The answer is the respondent’s response to the Complaint and Summons. The purpose is to respond to the petitioner’s allegations and to assert any defenses or counterclaims that the respondent may have against the petitioner.

What Happens if Complaint and Summons is Ignored

However, if the respondent fails to file an answer to the Complaint and Summons or fails to deliver other defensive pleadings within 30 days of being served, he or she will waive all future notices regarding the trial of the case. This includes the time and place of the trial, entry of judgment, and any notification of the decision. Therefore, it is very important for a respondent to file pleadings or a judgment may be entered against them without their knowledge. It may even be difficult or impossible for the defendant to reopen a case or have the judgment set aside after the fact. Next, the defenses of insufficient service, lack of personal jurisdiction, and improper venue must be raised before or at the time of pleading. If these are not raised in the time limit, then the option to use them later on will be lost. Even though a respondent may waive the rights to receive notices regarding the case if he or she fails to meet this deadline, a respondent’s right to demand a jury trial or to fully defend against the petitioner’s claims for divorce or alimony will not be waived. The respondent may still submit defensive pleadings, including counterclaims, at any time before a final judgment is entered. Under Georgia law, a default judgment will not be granted in a divorce action because of Georgia’s public policy favors the continuation of marriage.

Default Judgements

On the other hand, in domestic relations cases that do not involve actions for divorce, such as child support or child custody, a default judgment may be entered. In these cases, if a default judgment is entered, the petitioner is entitled to a verdict and judgment in his or her favor. But if the respondent’s allegations are not well-pled, are the result of forced inference, or are erroneous conclusions of law, a default judgment will not result in the admission of these allegations.

Working with a Georgia Attorney

If you have received a Complaint and Summons, please contact the attorneys at Vayman & Teitelbaum. Our team will work with you to discuss this pleading and the options available for your specific case. We will represent your needs properly and in a timely manner. Popular Resources:

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   James Gilbey 
 19 days ago
 
 
 Trustindex verifies that the original source of the review is Google. If you’re looking for a divorce lawyer who combines the grit of a prizefighter, the patience of a kindergarten teacher, and the bedside manner of a seasoned therapist, Brianna Moscowitz is your person.

I found Brianna at a time when I was navigating the emotional equivalent of a shipwreck. Not only did they keep me afloat, they helped me rebuild the damn boat. Stronger, smarter, and far more seaworthy.

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If you’re in the market for a legal team that fights smart, listens well, and shows up with both integrity and empathy—this is where you want to be. Highly, wholeheartedly, five-stars-with-an-extra-gold-sticker recommend.
  
 
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   Wan Williams 
 35 days ago
 
 
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Vayman and Teitelbaum went above and beyond in handling our case. Stephanie Weil provided amazing, professional, and detail-oriented service throughout the entire process. I felt supported every step of the way and truly appreciated the level of care and attention given to our case.

Thank you for everything! I highly recommend Vayman and Teitelbaum to anyone looking for professional and dedicated representation.
  
 
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   Christopher Brown 
 56 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Leah was great! She picked up my case and came through in helping me win! She remained professional throughout, and even patiently put up with all of my questions. Thank you! Edit: And it has been confirmed the other side in this old case submitted fabricated text message conversations,  could have gotten way more from them. Edit 2: New evidence suggests the other side even made fake domains, for fake emails to use in civil court. Stay Vigiliant!
  
 
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   Kevin Brown 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Professional, detail-oriented services provided by Leah, Brianna, and many others that supported my case.  I'm glad I chose the firm after a long search during a difficult time.
  
 
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 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Highly recommend Greg!  They do great work!
  
 
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 172 days ago
 
 
 Trustindex verifies that the original source of the review is Google. It has been my privilege to be represented by
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   Iliana Castro 
 172 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Leah Zammit was the lawyer that support me getting my documents done, she is the most efficient and kind person that I could find. I’m very grateful to work with her and the firm.
  
 
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   John Bryant 
 198 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I am very happy with my representation from Amanda and her team. My divorce ended up being a little more complicated than was anticipated and their guidance and helping me keep a level head was critical to a resolution. I definitely recommend them if you are in need of legal representation.
  
 
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 261 days ago
 
 
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 264 days ago
 
 
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