Brad Pitt divorce: In Pennsylvania, does no response mean no rights?

Brad Pitt has apparently not filed a response to Angelina Jolie’s Divorce Complaint, filed in Los Angeles on September 19, 2016. The original Complaint, made public by the Los Angeles Times, states a response by the respondent is required within 30 days to avoid losing legal rights.

If the two superstars were divorcing in Pennsylvania, Pitt would not be required to answer a Divorce Complaint. Under Pennsylvania Divorce Code, the first key deadline is that the Plaintiff, or the person filing for divorce, serve the Complaint upon their spouse within 30 days and be able to prove service.

It is not necessary for the receiving spouse, or Defendant, to file anything back once they accept service of the Complaint. However, it is often advisable to do so. For instance, if the filing spouse did not bring up the issue of equitable distribution, and you have a large estate to divvy up, you should find a lawyer to help you file an Answer and Counterclaim to the Complaint.

A more typical reason to respond might be that the filing spouse does not bring up the issue of alimony or child support, and you want the Court to know that these issues must be discussed.

In Pennsylvania, there is no time limit as to when you can file an Answer and Counterclaim after the filing of a Divorce Complaint. The outside limit is the actual divorce; the law does not allow you to open or revisit such claims after the divorce has been finalized.

When and for what should you file an Answer and Counterclaim to a Divorce Complaint in Pennsylvania? There is no single answer. Individual circumstances dictate the wise course here. This is the point at which an experienced family law attorney can be most helpful. Amid all the anguish and disruption of divorce, your lawyer should be a calm strategist who has your best interests in mind.