Being served with divorce papers can make the divorce suddenly feel very real. But service doesn’t mean that the divorce is final, nor does it mean your spouse automatically receives everything requested in the Petition.
Instead, service starts several important deadlines and gives the responding spouse an opportunity to participate in the case. In California, a spouse who has been served generally has 30 days to file a Response.
For men facing divorce, understanding what happens next can help prevent missed deadlines and protect your rights concerning children, property, and support.
First, Review Everything You Were Served
Don’t put the papers aside because you are upset, disagree with the allegations, or hope the situation will resolve itself.
A typical divorce case begins with a Petition and Summons, along with other forms depending on the family’s circumstances. Read the Petition carefully to understand what your spouse is asking the court to decide.
Issues may include child custody and visitation, child support, spousal support, and division of property and debts. Your Response gives you an opportunity to tell the court what you want concerning these issues.
Also check whether the paperwork includes any existing court orders or documents relating to an upcoming hearing. Those may create additional deadlines.
You Generally Have 30 Days to Respond
California Courts states that a spouse who decides to respond generally has 30 days from the date of service to do so. The primary document is the Response, also known as the Marriage/Domestic Partnership, Form FL-120. If the spouses have minor children, additional paperwork such as Form FL-105 may also be required.
Filing a Response formally makes you a participating party and allows you to tell the court what outcome you are seeking.
After filing, a copy of the Response must also be properly served on your spouse or their attorney. You cannot serve the Response yourself; another adult who is not part of the case must do it.
What Happens If You Don’t Respond?
Ignoring the divorce papers doesn’t stop the divorce.
If you fail to file a Response within the required period, your spouse may ask the court to enter a default. In a default proceeding, the court can potentially make decisions concerning your property, debts, custody, support, and attorney’s fees without hearing your position.
A default doesn’t mean that your spouse automatically receives everything requested, and the divorce is not immediately final. The petitioner still needs to complete additional steps and obtain a judgement from the court.
If more than 30 days have already passed but a default has not been entered, it may still be possible to file a Response. This is something to address as soon as possible.
Final Disclosures Come Next
The petitioner generally must serve preliminary financial disclosures within 60 days after filing the Petition, while a participating respondent generally must complete theirs within 60 days after filing the Response.
These disclosures provide information about income, expenses, assets, and debts. Common forms include the Income and Expense Declaration and Schedule of Assets and Debts.
Even if you believe you and your spouse already understand the family’s finances, preliminary disclosures are a required part of the California divorce process.
The Parties Begin Resolving the Major Divorce Issues
California Courts describes this stage as making decisions about dividing property and debts, caring for children, and addressing child or spousal support. The parties can reach agreements themselves or use court procedures to have unresolved issues decided.
Many divorces settle without a trial. Depending on the case, negotiations or mediation may result in a written settlement covering some or all disputed issues.
How Long Until a Divorce is Final?
California has a mandatory waiting period. A divorce takes at least six months to become final.
The six-month period does not mean every divorce automatically ends after six months. Property, custody, support, and other issues still need to be resolved, and the necessary judgment paperwork must be completed and approved.
Seeking Legal Guidance
Men’s Legal Center in San Diego is here to help you navigate through the divorce from start to finish. Reach out for your free case review today.