Family Law and Summonses

I want to strongly urge that we need a better summons form for divorce cases. Too often we use the same form as for civil suits. Why is this so bad?

Here is the language used in a usual civil summons:

The nature of the suit against you is stated in the complaint which is attached to this document. It also states the demand which the Plaintiff has made and wants from you.

You must answer the Complaint in writing, by you or your attorney, within twenty (20) days commencing the day after you receive this summons, or a judgment will be entered against you for what the plaintiff has demanded..

If you have a claim for relief against the Plaintiff arising from the same transaction or occurrence, you must assert it in your written answer.

An Answer is a responsive pleading. Do not file an Answer and you lose the suit. Responsive pleadings are not required in a divorce:

IC 31-15-2-9
Responsive pleading or counter petition
Sec. 9. A responsive pleading or a counter petition may be filed under this chapter.

That may makes divorce cases widely different from civil suits.

One might think a Local Rule might solve the problem, but the following rule from Allen County only reinforces the problem:

LR02-TR4-701 Summons
In all relevant family law matters, the initiating party shall use a form of summons that includes all required information as set out in Trial Rule 4(c).

Fort Wayne might have done it a bit better. Trial Rule 4(C) reads as follows:

(C) Form of Summons. The summons shall contain:

(1) The name and address of the person on whom the service is to be effected;

(2) The name, street address, and telephone number of the court and the cause number assigned to the case;

(3) The title of the case as shown by the complaint, but, if there are multiple parties, the title may be shortened to include only the first named plaintiff and defendant with an appropriate indication that there are additional parties;

(4) The name, address, and telephone number of the attorney for the person seeking service;

(5) The time within which these rules require the person being served to respond, and a clear statement that in case of his failure to do so, judgment by default may be rendered against him for the relief demanded in the complaint. The summons may also contain any additional information which will facilitate proper service.

I added the italics there. With no responsive answer required, there is no time limit for a response.

All this makes normal citizens a bit panicky. What they do not realize is that it is only if they do not appear for their hearings that judgment may be entered against them. In other words, not showing up for court means that the other side wins.

I do think Delaware County has come closest to the best form for a dissolution of marriage summons (in PDF format here). This is their language:

Be advised that a Petition for Dissolution of Marriage has been filed by the person named “Petitioner” in the Court stated above.
The nature of the action is stated in the petition which is attached to this document. It also states the prayer which the Petitioner has made and wants from you.

You must appear in opposition to the Petition in writing, by you or your attorney, within twenty (20) days commencing the day after you receive this summons, or a Dissolution of Marriage and/or Order of Support will be entered granting what the Petitioner has demanded at the expiration of the statutory period.

If you have a claim for relief against the Petitioner arising from the said marriage, you must assert it in your written appearance.

Still, I think the folks in Muncie have created another problem with "[y]ou must appear...." Sorry, but not every provisional hearing is set within 20 days of the filing date.

They are thinking about and treating divorce cases different from civil suits and that is a good thing. Call the form, the best you will find online. it is the basis for what I use.