California Divorce Papers – What to Do If You’ve Been Served

Being served with California divorce papers can put most persons in a panic. Maybe you already knew your marriage was headed for the rocks, or maybe you thought every thing was fine. Either way, it’s an unpleasant encounter. If this has happened to you this write-up will aid you get up to speed quick.

The 1st factor you will need to know is that you only have 30 days to respond if you will need to participate in the divorce, unless you can reason with your spouse and get him or her to agree in writing differently.

When you are served with California divorce papers, what you obtain are two official documents: the Summons (California divorce form FL-110) and a copy of the Petition (California divorce form FL-100).

At this point, you have two feasible courses of action:

1) If you and your spouse have already agreed to an uncontested divorce, or if you just don’t care, you can do nothing. In this case, as stated on Form FL-110, the court will act on the Petition filed by your spouse. The court will make orders affecting your marriage or domestic partnership, property, and kids. This is a default divorce case.

You really should only do a default divorce if you have small property or debts, no youngsters, and no need to have for spousal or partner assist.

According to California family law, Section 2335.5, if the Judgment is to be entered by default, your spouse, as the Petitioner, will ought to present the court clerk with a stamped envelope addressed to you so the clerk can send you a copy of the request to enter the default.

2) If you care what occurs in your divorce you need to file a Response (Form FL-120, or FL-123 for a domestic partnership). If you file a Response, you either must complete your divorce by a written agreement between you and your spouse (a Settlement Agreement, which becomes your Judgment), or by taking your case to court and letting a judge (who knows nothing about you) choose the problems you can’t settle.

I hope it is obvious to you that it’s in your most beneficial interest to do every thing you can to work out a Settlement Agreement if you file a Response, even if talking with your spouse is the last factor you need to have to do. Once you’ve filed your California divorce papers, it comes down to either working issues out between you or facing a potentially very high priced court battle.

The Response (FL-120 or FL-123)

By filing this form, you let everybody know that you have officially joined the case. Depending on how you fill it out, it could possibly also give notice that you need to have some separate property confirmed to you, or have a different view of the fundamental facts or the ultimate outcome.

Once the Response is filed and served, you and the Petitioner are precise equals in the legal proceedings and have equal capability to go ahead with any legal process.

As noted above, once you are served with the Petition, you have 30 days to file your Response. Even so, if Petitioner sends you a letter stating that you can have a particular quantity of additional time, or far better, that he/she will not proceed in the case with out giving you 30 days’ written notice to respond, then you can put off filing the response and concentrate on obtaining an agreement worked out. This is the very best scenario.

Prior to filing your Response, study the California divorce papers you received. Pay attention to the restraining orders on the 2nd page of the Summons and check each and every fact stated on the Petition. You get to state your version of the facts in your Response.

You will need to have to prepare the original and three copies of your California divorce papers.

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