What You Need to Know About Responding to Divorce Papers in California
When a partner files for divorce and serves a summons and a petition to their partner, they have a few options on how to respond. Here’s what happens if a spouse doesn’t respond to divorce papers in California.
The filing partner in a divorce case is referred to as the petitioner. The partner who receives the summons and petition regarding the divorce is referred to as the respondent. If the respondent does not respond, the case becomes a default divorce case, because the respondent is not responding to the petition.
The Respondent’s Options to Respond
The respondent has four options to respond with if they are served a summons and a petition for divorce by their partner. The options are as follows:
- The respondent does not respond at all. In this case, the judge of the divorce case will most likely grant whatever the petitioner wants, because their decision will be based on the property, support and custody and visitation listed in the petition. This is a “true default” case. In a “true default” case, the respondent gives up their right to participate in the case.
- The respondent does not respond, but has a written notarized agreement with the other spouse or domestic partner where both agree to end the marriage or domestic partnership. In the agreement, spouses or domestic partners agree about issues like propert divison, spousal and child support, custody, and visitation. This is considered a “default with agreement” case.
- The respondent files a response with the court, but reaches an agreement with the spouse or domestic partner on all of the issues. This is considered an “uncontested” case.
The respondent files a response with the court, but disagrees with the petition. This is considered a “contested” case.
What Happens in a “True Default” Case?
If the respondent does not respond at all to the summons and petition within 30 days and there is no written agreement between the couple, the case is considered a “true default” case. If this occurs, the petitioner must turn in their final forms to the court asking for a judgment of divorce or legal separation, and any other orders, such as for property, spousal and child support, custody, and visitation. A list of these forms can be found on the California courts website.
After turning in these forms, a final judgment will be made and mailed to each spouse.
Related: Default Divorce Judgment in California
What Happens in a “Default with Agreement” Case?
If the respondent doesn’t respond to the summons and petition, but has a written notarized agreement with the spouse or domestic partner, the case is considered a “default with agreement” case. The agreement can be made before or after the summons is served. In the agreement, the couple can agree on things like their division of property and debt, partner support, child custody, and visitation orders.
Related: 5 Things to Consider in a Divorce Agreement
If a “default with agreement” case occurs, after the agreement is written and notarized, the petitioner must turn in their final forms to the court asking for a judgment of divorce or legal separation, and any other orders, such as for property, support or custody and visitation. A list of these forms can be found on the California courts website.
Following this, the petitioner and respondent may both be required to serve a final declaration of disclosure.
Related: Default With Agreement and Uncontested Divorce: The Difference
FAQs About What If a Spouse Doesn’t Respond to Divorce Papers in California
How long does the respondent have to file a response with the court?
If the respondent decides they would like to file a response with the court, they have 30 days from the date they were served with the summons and petition.
What does it mean when a divorce case is “default”?
If a divorce case is “default,” the respondent didn’t respond at all to the petitioner’s summons or petition. A “true default” means that the respondent didn’t respond and there was no written notarized agreement between the parties, and gave up their right to participate in the case. A “default with agreement” means that the respondent didn’t respond, but there was a written notarized agreement.
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