Answering a Divorce
When you are served with divorce papers, you have an opportunity to file your official response with the Court. Learn how and when to file an Answer to Divorce in Lorain County.
Once you are served with divorce papers, if you want to file your own response with the Court, you have to meet specific deadlines.
Review your spouse's filing
Read carefully through the paperwork that you received, and make a note of anything that you disagree with.
In particular, look for a “Motion and Affidavit for Temporary Orders.” Temporary orders define what happens during the time it takes to finalize the divorce, including issues like child custody and visitation, child support, spousal support (or “alimony”) and how to divide your property and finances. If your spouse has filed this form, it includes the specifics of what they are asking the Court to order for temporary orders.
If you disagree with anything your spouse's Motion for Temporary Orders, you only have 14 days to file a response. Otherwise, you have 28 days to file an Answer. If you don't file an Answer within 28 days, the Court will consider the divorce to be "uncontested." This means that they will assume that you agree with everything your spouse included in their divorce filing, and will schedule a hearing to finalize the divorce about 6 weeks after you were served.
Filing an Answer means that the Court considers the case as “contested,” or challenged. The Court will set a meeting called a pre-trial hearing about 30 to 45 days after you were served. The Court’s assignment office will contact you about the time and location of your hearing.
If there are important reasons you need more than 28 days to file your answer, for example, you need to get a lawyer or you’re in the hospital, you can request additional time.
Decide how to move forward
There are some key decisions to make before you file the paperwork.
- Should you get a lawyer? A lawyer can help make decisions, file the paperwork and speak for you in court. If you and your spouse disagree on big issues, like custody, you may want to consider speaking with a lawyer.
- Will you file your own temporary orders? If your spouse filed a Motion for Temporary Orders, you can file your own Counter Affidavit for Temporary Orders if you'd like to request different orders. If your spouse didn't file for temporary orders, but there are temporary orders you'd like the Court to consider, you can file your own Motion for Temporary Orders.
- Do you want to file a “Counterclaim”? In addition to filing an Answer, you can choose to file a Counterclaim. In a Counterclaim, instead of agreeing or disagreeing with your spouse's statements, you can state information that is different from the information your spouse included in their Complaint. For example, you may want to claim different grounds for divorce than what your spouse used. Filing a Counterclaim is complex. There are legal implications of filing a Counterclaim that a lawyer can help you understand. You may want to speak with a lawyer before you decide to file a Counterclaim.
- Organizing your financial information. Filling out the forms requires a lot of information. Getting organized for your divorce will show you what you need. Since you are swearing that all your responses are true, you want to make sure they are both complete and correct.
Learn more about the steps in the divorce process.
Complete your paperwork
On this site, you can use the Divorce without Children Answer or the Divorce with Children Answer Form Assistant to fill out the forms you need to file with the Court.
The Form Assistant will ask you some questions, which you can answer on any phone or computer. It can take a few hours to complete all the necessary information. You will be able to save your progress and return to complete your forms if you need to.
Once you have completed your forms and are ready to file:
- Print your forms. You can print your forms at a public library. It costs about 10 cents per page. Learn about printing at the Lorain County Public Library System or the Elyria Public Library System.
- Sign your forms, with a notary if needed. Your forms will include a cover sheet. The cover sheet has instructions for signing your forms. Follow the instructions carefully. If your forms include an affidavit, you must sign the affidavit in front of a notary. You can find a notary by searching online for “a notary near me.” Do not sign the affidavit until you are in front of a notary. If your forms do not include an affidavit, you can sign them without a notary.
- Make copies of your forms. You are responsible for making copies of your forms for the Court. You can make copies at the public library for about 10 cents per page. Make 2 copies of your forms to give the Court. Make at least one extra copy for your records.
- Bring your forms to the Clerk of Courts. Go to the Clerk of Courts - Domestic Relations Division at the Lorain County Justice Center at 225 Court Street in Elyria to file your forms.
There is no filing fee to file an Answer, but if you are filing an Answer and Counterclaim, you will need to pay the filing fee at this time, unless you have included a Poverty Affidavit with your forms. The cost to file a Counterclaim in Lorain County Domestic Relations Court is $100 as of February 2025.