Understanding a Summons in Divorce Proceedings: What You Need to Know

A comprehensive guide to divorce summons for long-term married couples with significant assets, business owners, and parents with minor children. Learn what a summons means, how to respond, and what to expect next.

Introduction

A summons is a critical legal document that officially initiates a divorce or legal separation proceeding. When you receive a summons, it means that your spouse has filed for divorce, and the legal process has begun. This document serves as an official notification from the court that you are being sued for divorce and must respond within a specific timeframe. For long-term married couples with significant assets, business owners, and parents with minor children, understanding the implications of a summons is particularly important as it sets in motion proceedings that will impact your financial future, business interests, and parental rights. This guide will help you understand what a summons means, what information it contains, how to respond appropriately, and what steps to take to protect your interests during this challenging time.

Key Things to Know

  1. 1

    A summons is time-sensitive—note the response deadline immediately and calendar it. Missing this deadline could result in a default judgment against you.

  2. 2

    For long-term marriages with significant assets, the financial implications of a divorce can be complex. Consider hiring both a family law attorney and a financial advisor specialized in divorce.

  3. 3

    Business owners should take immediate steps to protect their business interests, including reviewing any buy-sell agreements, shareholder agreements, or business prenuptial provisions.

  4. 4

    Do not move assets, close accounts, or make major financial changes after receiving a summons without legal advice, as this could be viewed as hiding assets.

  5. 5

    Parents should prioritize stability for children while the divorce proceeds. Document your involvement in your children's lives and maintain regular routines when possible.

  6. 6

    Begin gathering financial documents immediately, even before consulting an attorney. This preparation will save time and money in the legal process.

  7. 7

    Consider alternative dispute resolution methods like mediation or collaborative divorce, which can be less adversarial and more cost-effective than litigation, especially for those with significant assets to divide.

  8. 8

    Protect your privacy by avoiding discussing divorce details on social media or with mutual friends and family members who might be called to testify.

Key Decisions

Parents with Minor Children

Long-Term Marriage Partners with Significant Assets

Business Owners

Long-term Married Couples with Significant Assets

Customize your Summons Template with DocDraft

SUMMONS FOR DISSOLUTION OF MARRIAGE

SUPERIOR COURT OF THE STATE OF [STATE]

IN AND FOR THE COUNTY OF [COUNTY]


Case No.: [CASE NUMBER]


IN RE THE MARRIAGE OF:

[PETITIONER FULL LEGAL NAME],
Petitioner,

v.

[RESPONDENT FULL LEGAL NAME],
Respondent.


SUMMONS

NOTICE TO RESPONDENT: [RESPONDENT FULL LEGAL NAME]

YOU HAVE BEEN SUED. The court may decide against you without your being heard unless you respond within the time allowed by law. Read the information below.

You have [NUMBER] CALENDAR DAYS after this Summons and the accompanying Petition are served on you to file a written Response (form [RESPONSE FORM NUMBER]) at the court named above and serve a copy on the Petitioner. A letter or phone call will not protect you.

If you do not file your Response on time, the court may enter a default judgment against you for the relief demanded in the Petition, which could include orders concerning property division, spousal support, child custody, child support, attorney's fees, and costs. Additionally, the court may order you to pay support, attorney fees, and costs, and may make orders affecting your property, your marital status, and custody of your children without further notice to you.

LEGAL ADVICE

You may wish to consult an attorney immediately, but doing so will not extend the time within which you must file a Response to this Summons. If you do not know an attorney, you may call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the [STATE] legal services website ([WEBSITE]), the [STATE] Courts website ([WEBSITE]), or by contacting your local court or county bar association.

AUTOMATIC TEMPORARY RESTRAINING ORDERS

In a divorce or legal separation proceeding, either party is automatically restrained from:

  1. Removing the minor children of the parties, if any, from the state without the prior written consent of the other party or an order of the court;

  2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;

  3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and

  4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.

You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.

FINANCIAL DISCLOSURE REQUIREMENTS

Within 60 days of filing the Petition (for Petitioner) or filing the Response (for Respondent), each party must complete, serve, and file with the court a [FINANCIAL DISCLOSURE FORM NAME] and [INCOME AND EXPENSE DECLARATION FORM NAME]. These forms require detailed information about your income, expenses, assets, and debts. Failure to complete and serve your financial disclosure documents on time may result in sanctions by the court, including monetary fines, issue sanctions, or evidentiary sanctions.

ALTERNATIVE DISPUTE RESOLUTION

The court encourages the parties to participate in some form of Alternative Dispute Resolution (ADR) before trial. ADR options include mediation, arbitration, and collaborative law. Mediation is a process in which a neutral third party facilitates communication between the parties to help them reach a mutually acceptable agreement. Information about ADR services is available from the court clerk's office or the court's website at [COURT WEBSITE].

PARENT EDUCATION REQUIREMENTS

If this case involves minor children, both parties are required to attend a parent education program within [NUMBER] days of service of this Summons. The program is designed to help parents understand the impact of divorce, separation, and family court proceedings on children. Failure to complete the required program may result in sanctions or may be considered by the court in making custody and parenting time decisions. Information about approved programs can be obtained from the court clerk's office or the court's website at [COURT WEBSITE].

SERVICE INFORMATION

This Summons must be served on the Respondent together with a copy of the Petition for Dissolution of Marriage and all other required initial documents. Service may be accomplished by:

  1. Personal Service: Having a person who is at least 18 years old and not a party to the case personally deliver the documents to the Respondent;

  2. Substituted Service: Leaving the documents at the Respondent's home with a competent member of the household who is at least 18 years old, or at the Respondent's usual place of business with a person in charge, and thereafter mailing a copy to the Respondent at that address;

  3. Service by Mail with Acknowledgment: Mailing the documents to the Respondent with an acknowledgment form to be signed and returned; or

  4. Other methods as permitted by court order if the above methods are unsuccessful.

A Proof of Service must be filed with the court showing how and when the Respondent was served with the Summons and Petition.

VENUE STATEMENT

This action is properly filed in [COUNTY] County because:

  • Petitioner has been a resident of this county for at least three months and of the State of [STATE] for at least six months immediately preceding the filing of this Petition.
  • Respondent has been a resident of this county for at least three months and of the State of [STATE] for at least six months immediately preceding the filing of this Petition.
  • Other (specify): ______________________________

ATTACHMENTS

The following documents are attached to this Summons and must be served on the Respondent:

  1. Petition for Dissolution of Marriage (form [FORM NUMBER])
  2. [FINANCIAL DISCLOSURE FORM NAME]
  3. [INCOME AND EXPENSE DECLARATION FORM NAME]
  4. [ADDITIONAL REQUIRED FORMS AS APPLICABLE]

Date Issued: [DATE]

[COURT SEAL]


Clerk of the Court

By: ___________________________
Deputy Clerk


Petitioner or Attorney for Petitioner:

Name: [PETITIONER/ATTORNEY NAME]
Address: [ADDRESS]
Telephone: [TELEPHONE NUMBER]
Email: [EMAIL ADDRESS]
State Bar No.: [BAR NUMBER IF APPLICABLE]


NOTICE TO THE PERSON SERVED:

  1. As an individual Respondent
  2. On behalf of [SPECIFY]:
  3. By personal delivery on [DATE]:

STATUTORY AUTHORITY: This Summons is issued pursuant to [STATE CODE SECTION] of the [STATE] Family Code.


Page 1 of 2


FOREIGN LANGUAGE NOTICE

IMPORTANTE - AVISO LEGAL

Las órdenes de restricción que aparecen en la página 1 están vigentes contra ambos cónyuges o miembros de la pareja de hecho hasta que se emita la sentencia final, se despida la petición o el tribunal emita otras órdenes. Cualquier agencia del orden público que haya recibido o visto una copia de estas órdenes puede hacerlas acatar en cualquier lugar de [STATE].

Si no presenta una respuesta dentro del plazo, el tribunal puede decidir su caso sin su audiencia y puede ordenar el pago de manutención, honorarios de abogados y costos, y puede hacer órdenes que afecten sus derechos sobre sus hijos o su propiedad.

重要法律通知

第1頁上的限制令對雙方配偶或同居伴侶均有效,直至最終判決發出、訴訟被駁回或法院發出進一步命令為止。任何已收到或看到這些命令副本的執法機構都可以在[STATE]的任何地方執行這些命令。

如果您未能在規定時間內提交答覆,法院可能會在沒有您的聽證會的情況下對您的案件作出裁決,並可能命令您支付贍養費、律師費和訴訟費用,以及可能作出影響您對子女或財產權利的命令。


Page 2 of 2

New Hampshire Requirements for Summons

Service of Process Requirements (NH RSA 510:2 and NH Superior Court Civil Rules 4)

A summons must be served in accordance with New Hampshire rules, which generally require personal service by a sheriff or other authorized person. The summons must be served with a copy of the complaint/petition.

Time to Respond (NH Superior Court Civil Rule 8(a))

The summons must clearly state that the defendant has 30 days from the date of service to file a written appearance, answer, or other response to the complaint.

Content Requirements (NH Superior Court Civil Rule 4(a))

The summons must contain the court name, names of parties, case number, and clear instructions on how and when to respond to avoid default judgment.

Due Process Requirements (U.S. Constitution, 14th Amendment)

The summons must satisfy constitutional due process requirements by providing adequate notice and opportunity to be heard.

Signature and Seal (NH Superior Court Civil Rule 4(a))

The summons must be signed by the clerk of court and bear the court's seal to be valid and enforceable.

Return of Service (NH RSA 510:10 and NH Superior Court Civil Rule 4(h))

The person serving the summons must complete a return of service indicating when, where, and how the summons was served, which must be filed with the court.

Alternative Service Methods (NH RSA 510:4 and NH Superior Court Civil Rule 4(d))

If personal service cannot be made after reasonable efforts, the summons may be served by alternative means as approved by the court, such as certified mail or publication.

Divorce-Specific Requirements (NH RSA 458:16-a)

For divorce proceedings, the summons must include specific language regarding restraining orders that automatically take effect upon service, prohibiting disposal of property and removal of children from the state.

Child Support Notification (NH RSA 458:17 and NH RSA 458:17-a)

In cases involving minor children, the summons must include notification about child support obligations and the potential appointment of a guardian ad litem.

Financial Disclosure Requirements (NH Family Division Rule 2.16)

The summons must notify parties of mandatory financial disclosure requirements in divorce cases, including the filing of financial affidavits.

Mediation Notice (NH RSA 461-A:7)

The summons must include notice about mandatory mediation in cases involving parental rights and responsibilities.

Military Service Inquiry (50 U.S.C. §§ 3901-4043)

The summons must include an inquiry about whether the defendant is in military service, as required by the Servicemembers Civil Relief Act.

Language Accessibility (Title VI of the Civil Rights Act of 1964 and Executive Order 13166)

The summons must be in English but may need to be accompanied by translations if the defendant has limited English proficiency, to ensure meaningful access to the courts.

Americans with Disabilities Act Compliance (42 U.S.C. § 12132 (Americans with Disabilities Act))

The summons should include information about requesting accommodations for disabilities to ensure equal access to court proceedings.

Venue Requirements (NH RSA 458:9)

The summons must be issued from a court with proper venue, which in divorce cases is typically the county where either party resides.

Residency Requirements Notice (NH RSA 458:5)

The summons in divorce cases must address the statutory residency requirements that either party must have been a resident of New Hampshire for at least one year.

Property Division Notice (NH RSA 458:16-a)

The summons must include notice about New Hampshire's equitable distribution laws regarding division of marital property and debts.

Alimony Notification (NH RSA 458:19)

The summons should include information about potential alimony (spousal support) determinations and factors the court will consider.

Parental Rights and Responsibilities (NH RSA 461-A:6)

In cases involving children, the summons must include information about New Hampshire's laws regarding parental rights and responsibilities (custody) determinations.

Default Judgment Warning (NH Superior Court Civil Rule 55)

The summons must clearly warn that failure to respond within the specified time period may result in a default judgment granting the relief requested in the complaint.

Frequently Asked Questions

A divorce summons is a legal document issued by a court that officially notifies you that your spouse has filed for divorce. It serves as the formal beginning of divorce proceedings and requires your response. The summons typically includes information about the court where the divorce was filed, the name of the petitioner (your spouse) and respondent (you), the case number, and instructions on how and when you must respond. It may be accompanied by a petition or complaint for divorce that outlines what your spouse is asking for in terms of property division, support, child custody, and other matters.

The timeframe to respond to a divorce summons varies by state, but typically ranges from 20 to 30 days from the date you were served. This deadline is extremely important—failing to respond within the specified timeframe could result in a default judgment against you, meaning the court may grant your spouse everything requested in their petition without considering your position. For those with significant assets or business interests, this could have severe financial consequences. The exact deadline will be stated on the summons itself, so read it carefully and note this date immediately.

Ignoring a divorce summons is never advisable. If you fail to respond within the specified timeframe, the court may enter a default judgment against you. This means your spouse could be awarded everything they requested in their petition, including favorable terms regarding asset division, business ownership, spousal support, child custody, and child support. You would lose your opportunity to contest any of these matters or present your side. For business owners and those with significant assets, the financial implications could be devastating. Additionally, attempting to overturn a default judgment later is difficult, expensive, and often unsuccessful.

To properly respond to a divorce summons, you should file a formal written response with the court, typically called an 'Answer' or 'Response.' This document addresses each claim made in your spouse's petition, either admitting, denying, or stating that you lack sufficient information about each allegation. You may also file a counter-petition stating what you want from the divorce. Given the complexity of divorce proceedings, especially for those with significant assets, business interests, or child custody concerns, it's highly recommended to consult with an experienced family law attorney before filing your response. Your attorney can help ensure your response protects your interests and sets the stage for favorable negotiations or court decisions.

While not legally required, hiring an attorney to respond to a divorce summons is strongly recommended, especially for long-term marriages with significant assets, business owners, or cases involving children. An experienced family law attorney can help you understand the legal implications of the summons, ensure your response is properly filed within deadlines, and develop a strategy to protect your financial interests and parental rights. For business owners, specialized legal counsel can help safeguard your business assets and operations. The initial investment in legal representation often pays dividends by preventing costly mistakes and securing a more favorable outcome in property division, support determinations, and custody arrangements.

A divorce summons typically includes: the court's name and location where the case was filed; names of both parties (petitioner/plaintiff and respondent/defendant); the case number; a statement that you are being sued for divorce; the deadline for your response; information about what happens if you don't respond; and instructions on how to file your response. The summons is usually accompanied by a petition or complaint that outlines specific requests regarding property division, debt allocation, spousal support, child custody, visitation, and child support. For those with significant assets or business interests, pay particular attention to any requests regarding financial disclosures, temporary orders for support, or restrictions on selling or transferring assets.

A divorce summons can significantly impact your business in several ways. First, your business will likely be considered in the property division process, whether it's classified as separate or marital property. The summons may initiate a business valuation process, which can be intrusive and time-consuming. Temporary orders accompanying the summons might restrict your ability to make major business decisions, transfer business assets, or take on new debt. For business owners, it's crucial to work with both a family law attorney and a business attorney to develop strategies that minimize disruption to your business operations while ensuring fair treatment in the divorce proceedings. Protecting business interests often requires specialized knowledge about corporate structures, buy-sell agreements, and business valuation methods.

A divorce summons often includes initial requests regarding child custody and visitation. The accompanying petition may outline your spouse's desired custody arrangement, including legal custody (decision-making authority) and physical custody (where children will live). The court may issue temporary custody orders while the divorce is pending. For parents with minor children, it's essential to respond to these custody requests promptly and thoughtfully. Your response should prioritize your children's best interests while also asserting your parental rights. Courts generally favor arrangements that allow children to maintain meaningful relationships with both parents, but factors such as historical caregiving roles, stability, and each parent's ability to support the children's relationship with the other parent will be considered.

After receiving a divorce summons, begin collecting comprehensive financial documentation, especially if you have significant assets or a long-term marriage. Gather: tax returns (personal and business) for the past 3-5 years; bank and investment account statements; retirement account statements; real estate deeds and mortgage information; business ownership documents and financial statements; debt information (credit cards, loans, mortgages); insurance policies; estate planning documents; vehicle titles; personal property inventories with valuations; and income verification (pay stubs, profit/loss statements). Also secure documentation of separate property claims (inheritances, pre-marital assets) and any prenuptial or postnuptial agreements. Having these documents organized early will help your attorney develop an effective strategy and ensure full financial disclosure, which is required in divorce proceedings.

Yes, you can contest the jurisdiction if you believe the divorce was filed in an inappropriate location. Jurisdiction issues typically arise when spouses live in different states or countries, or when one spouse recently moved. To contest jurisdiction, you must file a motion to dismiss or transfer the case within your response timeframe. Valid grounds might include: the filing spouse doesn't meet residency requirements; another divorce action is already pending elsewhere; or the court lacks jurisdiction over child custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act. For couples with properties in multiple states or international assets, jurisdiction can significantly impact property division, support calculations, and custody determinations. Consult with an attorney immediately if you believe jurisdiction is improper, as failing to contest it promptly may waive your right to do so.