By Don Glass, Esq – California Online Divorce Attorney. com.
So, you have been served with a divorce petition and summons in California.
Sometimes a Response in not needed if you agree to all issues in the Petition docs.
Every case is different and requires a legal analysis.
So, what should you do?
After all this can bring about a lot of reactions and emotions: sadness, anger, relief, confusion, etc. Your first instinct may be to go out and hire an attorney, to call up your spouse and plead/argue, or to sit and do nothing and hope it all goes away. This last approach can be particularly dangerous because a judge may grant a divorce even if you do nothing.
And, if you decide to NOT respond to California divorce papers, that does not stop your spouse from getting a divorce. The only exception may be where one spouse is dragging his or her heels on signing a voluntary settlement agreement relating to spousal support, property distribution, and other matters. Otherwise, a judge can and will grant a divorce even if you never do anything to respond.
A failure to respond means that your voice will never be heard in the divorce proceeding. Some courts look at this as a disregard for the courts and do not look kindly upon a failure to respond. Moreover, the judge may grant your spouse’s requests in the court documents such as spousal support and property distribution, child custody, child support, visitation, and other matters.
So you must decide whether to respond or take legal action to protect your rights. One option for legal action is to propose a written settlement agreement.
A divorce may remain as an uncontested divorce if you and your spouse submit a settlement agreement to the court which outlines what outcomes you would like with regard to spousal support, property distribution, child support, custody, and visitation. In doing so, you will not have to argue about these things in filings to the court, nor will a judge have to make a decision on any of them.
Our law firm specializes in uncontested divorce and prepares Marital Settlement Agreements and Stipulation of Judgments which are designed to keep the divorce as Uncontested. $95 to start and $695 to $995 flat legal fees for complete final Uncontested Divorce for California Statewide.
Call us for a free consultation at 877-631-4644 or visit our website at https://CaliforniaOnlineDivorceAttorney.com
What Happens If You Do Not File A Response to a California Divorce Petition?