Fill and Sign the Instructions for Completing a Consent Answer in an Uncontested Divorce District of Columbia Form

3/05 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FAMILY DIVISION DOMESTIC RELATIONS BRANCH CONSENT ANSWER PACKET INSTRUCTIONS FOR COMPLETING AN ANSWER IN AN UNCONTESTED DIVORCE WHO SHOULD USE THIS FORM? THIS ANSWER FORM MAY ONLY BE COMPLETED BY THE DEFENDANT . WHEN SHOULD YOU USE THIS FORM? You may use this Consent Answer form for divorce when: * You have received a copy of a Complaint for Absolute Divorce; and * The Complaint was filed or will be filed in the Family Division of the Superior Court of the District of Columbia; and * Your divorce is uncontested. That means you agree with all the statements in the Complaint (if there are minor children who were born to or adopted by you and your spouse, you agree about the care and custody of those children and if you and your spouse have any property, either real or personal, you agree about how to divide the property) Basically, you use this Answer form when you do not object to your spouse's request for divorce and you and your spouse agree about all of the issues related to the divorce. If you do not meet the qualifications listed above, you should not complete this Answer. Additional written information about getting a divorce may be available at the Family Division clerk's office. These materials were developed by the D.C. Bar Public Service Activities Corporation in cooperation with the D.C. Superior Court under a grant from the State Justice Institute. The forms have been approved for use by D.C. Superior Court. NOTE : If you do not agree with the statements made by your spouse in the complaint or the statements printed in this answer form or if your spouse left out important facts regarding your children or property, you may have a contested divorce proceeding even if you have no objection to the divorce. You may need the assistance of an attorney. WHAT IS AN ANSWER? WHEN MUST IT BE FILED? To begin a divorce case, one of the spouses must file a document called a "Complaint." The person filing the "Complaint" with the court is called the plaintiff and the other person is called the defendant. If you have received a "Complaint for Absolute Divorce" from your spouse, you are the defendant and you should file a document called an "Answer." You must file an Answer within 20 days after you the date you are "served" with the Summons and the "Complaint for Absolute Divorce". You may need to look at the Summons to determine the delivery date if someone else at your home accepted the papers and gave them to you, If the Summons and "Complaint" were sent to you by certified mail, you have 20 days after the date the papers were signed for to file an Answer. If someone else accepted the mail, signed for it, and later gave it to you, you should find out what date they signed for it. File the original "Answer" form in the Family Division's clerk's office of the Superior Court of the District of Columbia at 500 Indiana Ave., N.W., Washington, D.C. 20001. Make two copies before you file so that you can give one to your spouse and keep one for yourself. Make sure you get your copy date - stamped by the clerk's office so that you have a record of when you filed. INSTRUCTIONS FOR COMPLETING CONSENT ANSWER ALL INFORMATION SHOULD BE TYPED NEATLY IN THE SPACES PROVIDED ON THE ANSWER FORM. Please fill in your name and address and your spouse's name and address in the spaces provided at the top of the answer form. NOTE: If you have reason to believe that the other party or their family will harass or harm you if you include your address, you may provide the name and address of someone else who can receive process for you , and mark “SUBSTITUTE ADDRESS” on the form. You must also include your name only above the name of the person you are using as a substitute. CIVIL ACTION NO. : The court has assigned or will assign a case number to the complaint form. Use the same number on your answer form and on everything you file with the court regarding your divorce. Underneath the space for this case number, you will find a line that says “Related Cases.” If you know about cases that may be related to this case, such as a case for child custody, support, or intra-family violence, make sure you fill in those case numbers on the lines underneath “Related Cases.” The following ITEMS refer to the paragraph numbers on the Answer form: ITEM 1: This item means that you agree with all of the statements made in your Spouse’s Complaint for Absolute Divorce. If this is not true, DO NOT complete this form. ITEM 2: This item means that there are no contested issues that the Court has to decide upon. ITEM 3: This item means that you want the Court to preside over the uncontested hearing. ITEM 4: Use this line only if you want to change from your married name to any other former name you may have had (your birth - given name or a name from a former marriage). You must have some documentary proof of your use of the former name. Request for Relief: This section tells the court what you are asking it to do. SIGNATURE: You will now come to the oath or affirmation. When you sign below this statement, you are saying under penalty of perjury that what is stated in your Answer is true. CERTIFICATE OF SERVICE: You must send by mail or have delivered a copy of your answer to your spouse or his/her attorney. Enter the information in the certificate of service and sign your name (you do not have to have this signature notarized). FILING AN ANSWER DOES NOT MEAN THAT YOU ARE DIVORCED, THE COURT WILL SCHEDULE A HEARING AND NOTIFY YOU. YOU DO NOT HAVE TO ATTEND THE HEARING IF YOU FILED YOUR UNCONTESTED ANSWER AND THE ATTACHED PRAECIPE FORM. AFTER THE HEARING, THE COURT WILL SEND YOU A COPY OF YOUR JUDGMENT FOR DIVORCE IF IT IS GRANTED. THIS IS THE OFFICIAL RECORD AND NOTICE OF YOUR DIVORCE. YOUR DIVORCE IS NOT FINAL UNTIL THE TIME FOR AN APPEAL HAS EXPIRED.