Responding to a Divorce Petition in California
Being served with a divorce petition can be overwhelming, but knowing how to respond is crucial to protecting your rights throughout the process. In California, the response process is a vital step in determining the course of the divorce proceedings. At Foster Hsu, LLP, our San Jose Divorce Attorneys can help you understand what to expect and key steps to take.
Understanding the Petition
The first step is to carefully review the divorce petition. This legal document outlines your spouse’s requests, including property division, child custody, spousal support, and other relevant matters. The petition sets the stage for the negotiations and eventual outcome of the divorce, so understanding each point is essential. While reviewing the petition, look for deadlines; in California, you have 30 days from the date of service to file your response.
Filing Your Response
Your formal response to the petition, known as a “Response” (Form FL-120), allows you to agree or disagree with your spouse’s requests. It is your opportunity to present your perspective on critical issues, including:
- Child Custody and Support: If you have children, your response should outline your preferred custody arrangement and child support terms.
- Spousal Support: If applicable, state whether you agree with the requested support or wish to contest it.
- Division of Property and Debts: Address how you believe assets and debts should be divided, especially community property.
Filing your response is important to ensure that you have a say in the outcome. If you fail to respond, your spouse may obtain a default judgment, meaning the court could grant their requests without your input.
Temporary Orders
Once a response is filed, the court may issue temporary orders to address immediate concerns during the divorce, such as child custody, visitation, and spousal support. If necessary, you can request temporary orders by filing a motion. These temporary orders remain in place until the final divorce judgment is issued.
Discovery Process
After the initial filings, both parties will enter the discovery phase. During discovery, you and your spouse exchange important information, such as financial records, property valuations, and details relevant to child custody. Discovery tools include document requests, depositions, and interrogatories. It is essential to comply with discovery requests, as failing to do so can hurt your case. Moreover, use this phase to gather the information you need to build your case and protect your interests.
Negotiations and Settlement
Many divorce cases are settled through negotiation or mediation rather than going to trial. During this stage, both parties attempt to reach a mutually agreeable resolution on the key issues. If successful, the terms are formalized in a settlement agreement. However, if negotiations fail, the case may proceed to trial, where a judge will decide the outcome.
Protecting Your Rights
Our experienced divorce attorneys can guide you through each stage of the process, ensuring your rights are protected every step of the way. If you’ve been served with a divorce petition, contact Foster Hsu, LLP in San Jose, California today for personalized legal assistance.
Source:
courts.ca.gov/documents/fl120.pdf
