The spouse who is served with divorce papers has the opportunity to respond. In California, the respondent will have 30 days from the date of service to file a response with the court.
What happens if you don’t respond to divorce papers in California?
If you have served your spouse with a legal petition for divorce and he or she is not responding, your divorce may be granted by default in California. … Failing to respond will not stop the divorce from occurring, it will simply end in a true default divorce.
Do I have to respond to a divorce petition in California?
Legally, you do not have to respond to your spouse’s divorce petition. … In other words, the judge will base his decision about relevant legal matters on the information your spouse provides. For example, the judge may use your spouse’s information to decide on the division of property, child support, or visitation.
How many days does the respondent have to answer?
The paperwork that is served on the respondent will typically indicate the amount of time that the respondent has to file their answer. Typically, they will have at least 20 days to respond. States have different laws and requirements regarding what can and/or should be filed.
What happens if the respondent does not file a response?
If you do not serve and file a Response within 30 days after being served with the Petition Packet, your spouse may enter your default, and the Court could make orders affecting your family and finances without hearing from you. If you cannot afford the filing fee, you may qualify for a fee waiver.
What happens if spouse doesnt respond to divorce?
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. … When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
How Long Can a divorce be pending in California?
Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.”
How long can a spouse drag out a divorce?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
What happens after I serve divorce papers in California?
Once served, the receiving spouse (called the “Respondent”) must file a Response to the Petition. … Since this is an uncontested divorce, you and your spouse will use mediation or other alternative means if you are unable to come to terms on any specific issues on your own.
Do I have to respond to divorce petition?
If your spouse files for divorce, you’ll receive a divorce petition in the post. … Once you’ve received the petition, you have 8 days to return the acknowledgement of service form to the court. If you don’t respond within this time, the divorce might be able to go ahead anyway.
How long does a default divorce take in California?
A divorce in California always takes a minimum of six months. This is called a “waiting period.” The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce. The courts want to give you time in case you decide to reconcile.
How long does a divorce take in California?
The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months.
What is a default divorce in California?
The Judicial Branch of California indicates that a true default occurs when a spouse who is served with divorce papers does not respond and the couple does not have a written agreement in place dictating the terms of a divorce settlement.
How long does a respondent have to answer in California?
If you decide to file a response, you have 30 days from the date you were served with the Summons and Petition to respond.
What happens if my husband ignores the divorce papers?
If your spouse has not responded to the acknowledgment of service form within 14 days – and you reasonably believe they are still living at the relevant address – it is possible to arrange for a court bailiff or process server to deliver the divorce papers to them personally.
How long do I have to respond to a complaint in California?
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.