Divorce refers to the legal termination of a marriage granted by a court. Of course, a person cannot simply walk into a courtroom and request a divorce. Instead, California divorce laws require the spouses to go through a legal process that includes a mandatory waiting period and filing divorce papers.
“Divorce papers” include a“divorce petition,” which is a legal document that must be filed in court to initiate the divorce process. Though the specific requirements for the content of a divorce petition may vary by state, they generally must contain the following:
After a divorce petition is filed, the spouse who filed it must serve certified copies of the petition on the other spouse. This puts the receiving spouse on notice that an official divorce action has been started against them. Once served, the receiving spouse must then respond to the divorce petition.
What Documents Are Included in the Divorce Papers?
In order for divorce papers to be considered valid in California, the following requirements must be met:
- Residence in California: One or both spouses must have lived in California for 6 months and in the specific county where the case is filed for at least 3 months. If this initial requirement is not satisfied, then the couple is not eligible to file for divorce. They can, however, file for legal separation and then file an amended petition for divorce once the residency requirement is met;
- If eligible, the spouse filing for divorce must complete several forms:
- The Divorce Petition (Form FL-100): This form provides the court with basic information about the marriage, the grounds for divorce, the parties, and details about assets and children;
- Summons (Form FL-110): The summons contains important information about the divorce process for both spouses. There are rules about restraining order limitations, prohibitions on moving out of state, and some other standard instructions;
- Property Declaration (Form FL-160): This form is only necessary when the parties need more room to list property and/or assets;
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105): If the couple has children under the age of 18, then they must fill out this form and attach it as part of the divorce filing;
- Child Custody and Visitation Application (Form FL-311): Similar to the property declaration, this form is also optional and permits the court to rule on issues regarding child custody and child visitation rights;
- Local Forms: Some states also require the filing spouse to fill out certain local forms required by the county in which they file. Consult the local court website, court clerk, or an attorney to find out more about possible local forms that must be filed in a particular county;
- Court Conference Hearing Date: Finally, the petitioning spouse must also serve a copy of the Court Conference Hearing Date (Form FL-1050) on the other spouse. It contains information regarding the date, time, location, and judge for the court conference hearing, where both parties will discuss the status of their case with the judge.
How Do I Respond to Divorce Papers?
After a party has been served with divorce papers, they have 30 days from the date they were served to respond. There are several ways that a party may respond to divorce papers. These options include the following:
- Doing Nothing: This means whatever the petitioning spouse requests in the divorce papers will most likely be granted by the judge. This is known as a true default. By failing to respond, the party is not involved in the divorce process at all and is thus defaulting. This means that the party has also given up their right to participate in the case and does not contest any of the petitioning spouse’s requests or the divorce itself.
- However, a party who has signed a written and notarized agreement with their spouse that states that both parties have agreed to end the marriage and also agree to the division of property, spousal support, child custody, etc., will have the final say in the outcome even if they do not file a response. While this is still considered a default, the agreement permits the party to have a final say;
- File a Response and Sign an Agreement: Under this option, the party can file a response and reach an agreement with their spouse. This is also considered an uncontested divorce because the parties will have agreed on everything prior to the divorce proceeding;
- File a Response and Disagree: The responding spouse may also file a response that disagrees with the other spouse’s requests. This sets up what is referred to as a “contested divorce” and requires a court to conduct a trial and make the final decisions about the terms of the divorce.
Also, the responding spouse may include their own requests for the results that they want from the divorce. For example, the petitioning spouse may have requested sole custody of the child, and the responding spouse may want to request shared or joint custody.
It is important to keep in mind that spouses who do not respond to divorce papers do not have any say in the matter. By not responding, a spouse chooses to give up their right to participate in the case. The court is likely to grant all of the other spouse’s requests.
How Do I File a Response?
As noted above, a person has 30 days from the date they are served to respond to the divorce petition. A response to divorce petition is basically an answer to all of the requests and information presented in the petition and forms. A party who opts to respond to a divorce petition must also complete and file a number of forms.
In order to properly file a valid response to divorce petition in California, the respondent must do the following:
- Complete the Response Form (FL-120): The response form asks the spouse to fill out certain information, such as their address, details about the marriage, child custody arrangements, a list of assets, the grounds for divorce, additional relief, and a few other important questions.
- Note that depending on the county, a respondent may also have to complete local forms;
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105): Again, this form is only necessary if the couple has children together and those children are under the age of 18;
- Child Custody and Visitation Application (Form FL-311): Unlike the form above (FL-105), this form is optional and does not have to be filled out even if the couple has children. It allows the court to make decisions about the parties’ child custody and child visitation rights. While it may be helpful to address these issues early on in the divorce process, it is not necessary;
- Proof of Personal Service (Form FL-330): This form confirms that the response to divorce petition was filed with the court and served on the other spouse. Alternatively, the respondent may also serve the petitioning spouse by mail, in which case they will need to complete and file the form for Proof of Service by Mail (FL-335).
What Do I Do with the Divorce Papers?
After the respondent has completed the necessary paperwork, they must file the originals with their local County Clerk, serve the other spouse, and retain copies of the filing. The respondent may either mail these papers to their spouse, or they may have someone other than themselves serve the papers on their spouse in person. If they choose to have them served in person, the person who serves the paperwork cannot be a party to the case and must be 18 or older.
Once the other spouse has been served, a Proof of Service form (FL-330) must be completed and filed with the County Clerk.
How Much Does It Cost to Respond to Divorce Papers?
A person must pay a fee of from $435 to -$450 to the clerk of the court when they file their response to a divorce petition. If a person cannot afford to pay, they may ask the clerk for a fee waiver. A person would qualify for waiving of the fee if the following apply to them:
- They receive public benefits;
- Their income is below a certain amount;
- Paying the fee would make the person unable to meet their basic needs.
What Are the Next Steps in Responding to Divorce Papers?
If the couple can work together, they should try to agree on or resolve any issues before the scheduled court hearing. If the parties find it difficult to compromise or cooperate, the court will likely request that they attend mediation to settle any disagreements.
If the parties cannot come to an agreement in mediation or there are issues that still need to be resolved, the court can intervene during the hearing and can settle any remaining disputes for them.
What Happens if I Do Not Respond to Divorce Papers?
If the person who has been served with a divorce petition fails to respond, then after the time for response, the petitioner may go to court and request entry of judgment in their favor. All of the requests of the petitioner made in their original petition would be granted because they have not been opposed.
So, if the petitioning spouse requested spousal support, child custody, and or child support, the court would grant those requests. The spouse who has not responded may be ordered to pay spousal support or child support and would not have taken the opportunity to contest their spouse’s requests.
If a responding spouse agrees with everything the petitioning spouse requests in their petition, then they may want to not respond. However, it would be a rare case in which a spouse would not want to respond to a divorce petition. Generally, a spouse should file a response for that action within the 30 days allowed by law for that action. A local attorney in California can explain why a person needs to respond to a divorce petition.
Contacting an Attorney for Help
Divorces, especially ones that are contentious, can be difficult to navigate without the support of a lawyer. Thus, if you and your spouse intend to file for divorce, you want to consult a California divorce lawyer as soon as possible.
LegalMatch.com can connect you to a lawyer who will be able to answer any questions you have about your divorce, the process, and any relevant laws. Your lawyer will also be able to assist you with the necessary paperwork and can provide representation on your behalf during court appearances or mediation sessions. Finally, if you are not happy with the terms of your divorce agreement, your lawyer can help you negotiate for better terms.
