Define: Summons

A summons in a divorce or other family law proceeding is a document that is included with the Petition and is served by the Petitioner on the Respondent. Once the Summons and Petition are served on the Respondent, the divorce or other legal proceeding is formally commenced.

Terms and Provisions

The Summons includes a timeframe for when the respondent must “answer” the Petition and includes certain restraining provisions and requirements that divorcing couples must follow while the divorce is pending. These provisions include:

• neither spouse may dispose of any property except for the necessities of life, to generate income or to preserve the property, to hire an attorney, or by an agreement in writing

• neither spouse may harass the other

• all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation

• the divorcing couple is encouraged to attempt alternative dispute resolution, which includes mediation, arbitration, or the ENE process

When a divorcing couple owns a home or other real property, the Summons must identify all such real estate.

In divorce proceedings where the couple has minor children, the Summons also includes a requirement that the parents must participate in a parent education program.