Q. I was served with a complaint and summons at the end of August.  I know I have to do something in 20 days, and I am worried because it’s been almost 20 days.  I called several family lawyers but cannot get an appointment for another week.  I don’t know how to get a quicker appointment and no one seems to think this is an emergency.  What will happen when I don’t respond in 20 days?

A. No one is treating your situation as an emergency because it isn’t one.  Unless you were served with other papers which require you to attend an emergency hearing at some point in time, there is no rush.  If there is a hearing date, call the lawyers back and say so.

If you were served with a divorce complaint, you will eventually file an answer and maybe a counterclaim depending on whether you also want the divorce.  If you don’t file within the 20-day window, there is no consequence to you.  It is not at all unusual for an answer to be filed a few weeks late, sometimes even a few months late depending on the situation.  If there is a reason to change the complaint as originally filed, your spouse or former spouse as the case may be, has the right to file an amendment until you file an answer.

If this is a divorce, the earliest the court can move forward on the complaint is six months following the filing date so you do not have to panic.  This is something family lawyers understand well which is why no one is considering your situation an emergency – it isn’t one.

If you were served with a complaint for modification, again it is not unusual to file an answer later than the stated 20-day deadline.  It is possible to move a modification case forward faster than six months by asking the court for summary judgment but that is an unusual course of action, is complicated and again takes a number of weeks to get accomplished.  So, again, the lawyers you are calling will not see any urgency in getting you in so that a timely answer can be filed – they know they can file the answer late.

For whatever reason, September and January bring an influx of potential new client calls in most family law firms so if you find yourself in need of advice in those months, you may have to wait a bit longer for an appointment.

Email questions to whickey@brickjones.com