Respond to California Divorce promptly and accurately to a divorce petition in California is crucial to protect your legal rights and interests. Failure to respond within 30 days may result in a default judgment against you, allowing the court to decide on matters such as property division, child custody, and support without your input.
Responding to a California Divorce Petition
Responding to a divorce petition in California requires careful attention to deadlines, proper filing, and full disclosure of financial information. Failing to respond within 30 days can lead to a default judgment where the court decides issues like child custody, spousal support, and property division without your input.
Step 1: Complete the Required Forms
You must fill out specific forms to respond to a divorce petition:
- Response — Marriage/Domestic Partnership (Form FL-120)
- This form allows you to respond to the divorce petition and state your positions on child custody, spousal support, and property division.
- Download Form FL-120
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105)
- Required if there are minor children involved. This form provides information about their residence history and any existing custody orders.
- Download Form FL-105
- Proof of Service by Mail (Form FL-335)
- Used to prove that the other party has been served with your response.
- Download Form FL-335
Step 2: File Your Response
- File the forms at the same courthouse where the divorce petition was filed.
- Submit the completed forms and pay the required filing fee (typically $435-$450).
- If you cannot afford the filing fee, you may request a fee waiver:
- Keep copies of all filed forms for your records.
Step 3: Serve Your Response
- Have a third party (over 18 years old and not involved in the case) serve your response by mail to the Petitioner or their attorney.
- The server must complete the Proof of Service by Mail (Form FL-335) and return it to you for filing with the court.Download Form FL-335
Step 4: Exchange Financial Disclosures
Financial disclosures are mandatory in California divorce cases to ensure transparency in the division of assets and debts.
- Complete and serve the following forms:
- Declaration of Disclosure (Form FL-140)
- A cover sheet listing all financial documents exchanged.
- Download Form FL-140
- Income and Expense Declaration (Form FL-150)
- Details your income, expenses, and financial obligations. Attach pay stubs from the past two months.
- Download Form FL-150
- Schedule of Assets and Debts (Form FL-142)
- Lists all assets and debts with supporting documentation.
- Download Form FL-142
- Proof of Service of Financial Disclosure Documents (Form FL-141)
- Confirms that you have served your financial disclosures to the other party.
- Download Form FL-141
- Declaration of Disclosure (Form FL-140)
- Deadlines:
- Serve the financial disclosures within 60 days of filing your response.
Step 5: File Proof of Disclosure
- Once you serve the financial disclosure forms, file the Declaration Regarding Service of Declaration of Disclosure (Form FL-141) with the court to confirm compliance.Download Form FL-141
- Retain copies of all documents for your records.
Key Tips for Responding to Divorce
- Act Quickly:
- File your response within 30 days of being served to avoid default judgment.
- Accurate Information:
- Complete all forms truthfully and attach supporting documents to avoid potential legal penalties.
- Consult Legal Resources:
- Utilize the California Courts’ Self-Help Guide for additional support.
- Consider consulting a family law attorney or a certified legal document preparer for complex cases.
Additional Resources
- California Courts Forms Index:
- Fee Waiver Information:
By adhering to these steps and deadlines, you can actively participate in your divorce proceedings, protect your rights, and ensure a fair resolution.