How Do I Respond to California Divorce

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:

  1. 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
  2. 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
  3. Proof of Service by Mail (Form FL-335)

Step 2: File Your Response

  1. File the forms at the same courthouse where the divorce petition was filed.
  2. Keep copies of all filed forms for your records.

Step 3: Serve Your Response

  1. 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.
  2. 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.

  1. Complete and serve the following forms:
    • Declaration of Disclosure (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)
    • Proof of Service of Financial Disclosure Documents (Form FL-141)
  2. Deadlines:
    • Serve the financial disclosures within 60 days of filing your response.

Step 5: File Proof of Disclosure

  1. 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
  2. Retain copies of all documents for your records.

Key Tips for Responding to Divorce

  1. Act Quickly:
    • File your response within 30 days of being served to avoid default judgment.
  2. Accurate Information:
    • Complete all forms truthfully and attach supporting documents to avoid potential legal penalties.
  3. 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

By adhering to these steps and deadlines, you can actively participate in your divorce proceedings, protect your rights, and ensure a fair resolution.

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