In California, either spouse in a marriage can ask to end the legal relationship by serving the other spouse with a petition and summons for dissolution. In most cases, the couple is on the same page about getting a divorce, and they’ve decided together that it is necessary to end their marriage. Unfortunately, there may be times when being served with divorce papers comes as a surprise. California law states that the court can end a marriage even if only one person wants it and the other spouse does not agree to getting a divorce.
If you are served with divorce papers, you have 30 days to respond (if you choose to respond). In this blog post, we’re looking at some of the different ways in which you may choose to proceed.
File a Response
1. You can file a response with the court in which you agree to all the terms your spouse has set forth. In this case, your divorce would be considered uncontested.
2. If you do not agree with the terms your spouse has proposed, you can file a response with the court in which you disagree. This means your divorce is contested. The court will make decisions in your case since you and your spouse are unable to reach agreements on your own.
3. You can do nothing. This is called a “default.” It essentially amounts to agreeing to the terms set forth by your spouse, because you have not filed a disagreement saying otherwise. By doing this, you also give up your rights to participate in the case.
The way your divorce will proceed depends on whether it is contested, uncontested, or default. If it is uncontested or default, things will happen a lot more quickly than if it is contested.
An Attorney is Beneficial
No matter the circumstances of your divorce, it is extremely beneficial to have an attorney by your side to look out for your best interest as you proceed. A lawyer can help you respond to the divorced papers after you are served, negotiate on your behalf, and advocate for your rights. Divorce is never easy, but a lawyer’s help can take some of the stress off.
At The Grey Legal Group, APC, we have extensive experience with family law. We can offer you support, guidance, and legal knowledge throughout your divorce. Give us a call at 951-587-8970 to find out more about what we can do to help you.
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