STOP WASTING MONEY FILING A RESPONSE TO DIVORCE: Save Time and Fees by Going Straight to Judgment
Divorce is often a time of emotional and financial stress. Many people caught in the process want to do everything right but also want to avoid unnecessary expenses. One common misconception is that you must always file a formal response to a divorce petition to protect your rights. However, if the divorce is amicable, this step might be unnecessary—and skipping it can save you hundreds of dollars and a lot of hassle.
As Tim Blankenship of Divorce661 points out, filing a response in an amicable divorce case can sometimes be an unnecessary cost. In this article, I’ll explain why you might want to reconsider filing a response, how you can save money and time by going straight to judgment, and what you need to know before making this decision.
Understanding the Divorce Response: What Is It and Why Do People File One?
When someone files for divorce, the other party typically has a set amount of time to file a formal response. This response is a legal document that addresses the claims made in the divorce petition and can raise any defenses or counterclaims.
Many people believe that filing a response is mandatory to protect their interests. While this is true in contentious divorces, where disputes over property, custody, or support exist, it is not always necessary in amicable cases where both parties agree on the terms.
What Does Filing a Response Cost?
Filing a response usually comes with a court fee, which varies by jurisdiction but can easily be several hundred dollars. In addition to the filing fee, there may be attorney fees if you choose to have legal representation. These costs add up quickly, especially when both parties are already under financial strain due to the separation.
Why Skip Filing a Response in Amicable Divorces?
Tim Blankenship highlights a simple but powerful strategy: if you and your spouse are amicable, there’s no reason to file a response. Instead, you can move directly to the judgment phase of the divorce process.
This approach saves you the filing fee—typically around $435—and cuts down on the time it takes to finalize the divorce.
“We have clients call all the time who say, ‘Hey Tim, I need to file a response in the next few days, but we’re amicable.’ What we do is have them retain us, skip filing the response, so they don’t have to pay that second fee, go straight to judgment, and save them time and money.”
How Does Going Straight to Judgment Work?
In an amicable divorce, both parties agree on all terms: division of property, child custody, support, and any other relevant issues. Because there is no dispute, you don’t need to engage in the back-and-forth that usually requires a formal response to the petition.
Instead, your attorney can file a request for judgment or a stipulation for judgment, which essentially tells the court that both parties agree to the terms and want the divorce finalized as soon as possible.
This method streamlines the process, reduces paperwork, and eliminates the need for a formal response document.
Benefits of Skipping the Response Filing Fee
The immediate and most obvious benefit is financial. Saving $435 (or more, depending on your jurisdiction) may not seem life-changing, but every dollar counts when you’re dealing with the expenses of divorce.
Additional Advantages
- Time Savings: By skipping the response, you move faster toward final judgment, reducing the overall timeline of your divorce.
- Reduced Stress: Less paperwork and fewer court appearances mean less anxiety and hassle.
- Simplified Process: When both parties agree, the process should be as straightforward as possible.
- Legal Guidance: Retaining an experienced attorney like Tim Blankenship ensures you still have professional help without unnecessary filings.
When Should You Definitely File a Response?
While skipping the response is a great option for amicable divorces, it’s not the right choice for everyone. If you have any disagreements about custody, property division, alimony, or other matters, filing a response is crucial to protect your rights.
Here are some scenarios where filing a response is advisable:
- Disputed Custody or Visitation: If you disagree with the proposed custody arrangement, you need to file a response to present your position.
- Property or Debt Disputes: When division of assets or debts is contested, a response is necessary to negotiate or litigate.
- Concerns about Support: If spousal or child support terms are unclear or unfavorable, filing a response allows you to address these issues.
- Protecting Legal Rights: Any disagreement or concern about the terms of the divorce means you should not skip filing a response.
How to Know If Your Divorce Is Truly Amicable
Before deciding to skip filing a response, you should honestly assess your relationship and the state of your negotiations. An amicable divorce means that both parties:
- Agree on all major issues
- Communicate openly and respectfully
- Have reached or are close to reaching a settlement
- Want to avoid unnecessary legal conflict and expense
If this describes your situation, then skipping the response filing is a smart money-saving move.
Consulting With a Divorce Attorney
Even in amicable cases, it’s wise to consult with an experienced divorce attorney. They can review your agreement, ensure your rights are protected, and handle the paperwork efficiently.
Tim Blankenship’s approach is to have clients retain legal counsel who can guide them through skipping the response and moving directly to judgment. This ensures that while you save money on filing fees, you don’t compromise on legal protection.
Steps to Skip Filing a Response and Proceed to Judgment
If you decide to follow this path, here’s a general outline of what to expect:
- Retain an Attorney: Engage a divorce attorney familiar with your jurisdiction’s procedures.
- Confirm Amicability: Ensure both parties agree on all terms and want to avoid filing a formal response.
- Prepare Settlement Documents: Your attorney will draft the necessary agreements and stipulations.
- File Request for Judgment: Instead of filing a response, your attorney files a request or stipulation for judgment with the court.
- Court Review and Finalization: The court reviews the documents and, if everything is in order, issues a divorce judgment.
This streamlined process avoids the extra filing fee and expedites your divorce.
Common Questions About Skipping the Response Filing
Will skipping the response hurt my case?
If your divorce is truly amicable and you agree on all terms, skipping the response will not hurt your case. It simply means you’re not paying an unnecessary filing fee and moving faster toward finalizing the divorce.
What if my spouse changes their mind later?
If your spouse later decides to contest any terms, you may have to re-engage in the process and file appropriate responses or motions. However, if you have a solid agreement and legal counsel, this risk is minimized.
Can I still have a lawyer if I skip the response?
Absolutely. In fact, having a lawyer handle the process is highly recommended to ensure everything is done correctly without extra filings.
Conclusion: Save Money and Time by Being Strategic in Your Divorce
Divorce is never easy, but it doesn’t have to be unnecessarily expensive or drawn out. If you and your spouse are on good terms and agree on the divorce terms, you can save hundreds of dollars by skipping the response filing fee and going straight to judgment.
As Tim Blankenship advises, retaining an experienced divorce attorney to guide you through this process ensures your rights are protected while you save time and money.
Before you rush to file a response out of habit or fear, consider whether your situation truly requires it. If you’re amicable, why pay extra for paperwork that won’t benefit you? Instead, take the smart route—skip the response, retain legal counsel, and move efficiently toward a final judgment.
For those navigating divorce, this approach can make a meaningful difference in both your finances and your peace of mind.
If you want more guidance on divorce strategies and saving money during the process, consider consulting with a trusted divorce professional who understands the nuances of your local court system.
