Failure to Answer the Divorce Petition


Quick Facts
  • Failing to answer the divorce petition will admit all of the allegations your spouse makes about you and your marriage.
  • Failing to appear at the divorce proceedings will force the judge to rule in your spouse's favor.

Default, the Petitioner Prevails

If the respondent does not answer the divorce petition and appear after service was duly made and proved, the court may and almost certainly will hear and determine the proceeding as a default matter.

If this happens, then the court will decide heavily in favor of the petitioner. The reason is, if the respondent does not respond and does not show up for the initial hearing, then the court can and will assume that the respondent does not dispute the statements and allegations that the petitioner made in the petition.

Even if you do not dispute any of the statements or allegations in the divorce petition, you should still respond to the divorce petition and attend the hearing. There is too much at risk not to do both.