casemark/response-dissolution

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

1. Gather the petition and client instructions
2. Mirror the petition's caption exactly (court, case number, party names)
3. Respond to every allegation paragraph-by-paragraph using the response framework
4. State positions on each contested issue in order
5. Include verification and signature block
6. 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)

1. Jurisdiction & Residency — Admit or correct residency/domicile allegations
2. Statistical Facts — Marriage date, separation date, marriage length, minor children. Flag any disputed separation date with respondent's asserted date and basis.
3. 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)
4. Child Support — Agrees to pay / seeks from petitioner / requests guideline deviation with justification
5. Spousal Support — Seeks / opposes / agrees to pay; cite income disparity, earning capacity, marital standard of living, marriage length
6. 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.
7. Attorney Fees & Costs — Request contribution based on income/access disparity, or state no request
8. 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