What should I do if I get Served?

By law, within 20 days of being served (30 days if served out of state), you must file a response to the divorce petition. Your Response must be filed in the Superior Court with a copy sent to your spouse or his/her lawyer. If you do not file your response within this time, the other side can file an “Application for Default” which is sent to you by mail. The Application for Default is your final notice to file a response within 10 days of the date the Application for Default is filed. The Application for Default is mailed to you so even though you may receive it several days after it is filed, the 10-day period begins to run on the date the Application for Default is filed. If you still fail to file your response after the Application for Default is filed, your spouse may seek a divorce decree from the court without you having an opportunity to defend yourself.