| Being served with California divorce papers can put | | | | Judgment), or by taking your case to court and |
| most people in a panic. Maybe you already knew | | | | letting a judge (who knows nothing about you) |
| your marriage was headed for the rocks, or maybe | | | | decide the issues you can't settle. |
| you thought everything was fine. Either way, it's an | | | | I hope it is obvious to you that it's in your best |
| unpleasant experience. If this has happened to you | | | | interest to do everything you can to work out a |
| this article will help you get up to speed fast. | | | | Settlement Agreement if you file a Response, even |
| The first thing you need to know is that you only | | | | if talking with your spouse is the last thing you want |
| have 30 days to respond if you want to participate | | | | to do. Once you've filed your California divorce |
| in the divorce, unless you can reason with your | | | | papers, it comes down to either working things out |
| spouse and get him or her to agree in writing | | | | between you or facing a potentially very expensive |
| differently. | | | | court battle. |
| When you are served with California divorce papers, | | | | The Response (FL-120 or FL-123) |
| what you receive are two official documents: the | | | | By filing this form, you let everyone know that you |
| Summons (California divorce form FL-110) and a copy | | | | have officially joined the case. Depending on how you |
| of the Petition (California divorce form FL-100). | | | | fill it out, it might also give notice that you want |
| At this point, you have two possible courses of | | | | some separate property confirmed to you, or have a |
| action: | | | | different view of the basic facts or the ultimate |
| 1) If you and your spouse have already agreed to an | | | | outcome. |
| uncontested divorce, or if you just don't care, you | | | | Once the Response is filed and served, you and the |
| can do nothing. In this case, as stated on Form | | | | Petitioner are exact equals in the legal proceedings |
| FL-110, the court will act on the Petition filed by your | | | | and have equal ability to go ahead with any legal |
| spouse. The court will make orders affecting your | | | | procedure. |
| marriage or domestic partnership, property, and | | | | As noted above, once you are served with the |
| children. This is a default divorce case. | | | | Petition, you have 30 days to file your Response. |
| You should only do a default divorce if you have little | | | | However, if Petitioner sends you a letter stating that |
| property or debts, no children, and no need for | | | | you can have a specific amount of extra time, or |
| spousal or partner support. | | | | better, that he/she will not proceed in the case |
| According to California family law, Section 2335.5, if | | | | without giving you 30 days' written notice to |
| the Judgment is to be entered by default, your | | | | respond, then you can put off filing the Response |
| spouse, as the Petitioner, will have to provide the | | | | and concentrate on getting an agreement worked |
| court clerk with a stamped envelope addressed to | | | | out. This is the best scenario. |
| you so the clerk can send you a copy of the request | | | | Before filing your Response, study the California |
| to enter the default. | | | | divorce papers you received. Pay attention to the |
| 2) If you care what happens in your divorce you | | | | restraining orders on the 2nd page of the Summons |
| must file a Response (Form FL-120, or FL-123 for a | | | | and check every fact stated on the Petition. You get |
| domestic partnership). If you file a Response, you | | | | to state your version of the facts in your Response. |
| either have to complete your divorce by a written | | | | You will need to prepare the original and three copies |
| agreement between you and your spouse (a | | | | of your California divorce papers. |
| Settlement Agreement, which becomes your | | | | |