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You’ve been served with divorce papers (a petition and a summons) by someone acting on behalf of your spouse in your California marriage: now what?
 
There may be a great temptation to simply do nothing. You might treat your California divorce papers the same way you treat junk mail or an unwanted bill by just letting it collect dust on a table. Whether it is fear about the future, confusion about the legal steps in a divorce, or simply a denial of what’s happening, there can be a resistance to taking action and facing reality.
 
But, make no mistake, ignoring a California divorce petition can have a far greater negative impact on your life than ignoring a jury duty summons (which you shouldn’t ignore either) or a call from a collection agency. By failing to respond to a California divorce petition within 30 days of receiving it, you can be giving up many of your financial and/or parental rights under California law and/or subjecting yourself to unnecessary financial obligations.

Not Responding Can Lead to a Default Judgment Against You

If you choose not to respond to a divorce petition, you will not have broken the law, but a court may well determine all the issues in your divorce without your input and simply award the filing spouse what he or she asks for in the petition. This is called a default judgment.
 
This means that if the other spouse files for divorce and does not wish to pay you any spousal support, the court may finalize the divorce without awarding you spousal support, even if you have legal cause for seeking it. Similarly, if the filing spouse requests spousal support in his or her petition, and you do not respond, the court may go ahead and order you to pay spousal support without hearing your side of things.
 
Spousal support is just one aspect of a divorce that a California family law court can finalize, which can include orders that you could be obligated to abide by under threat of law. The court may additionally reach determinations regarding child custody and visitation as well as which spouse owns what property without your input if you fail to respond.

Work With a California Family Law Attorney to Quickly Respond to a Petition

By working with an experienced California family law attorney, you can protect yourself from a default judgment by taking swift action to respond to the divorce petition.
 
The initial response to a divorce petition does not have to be complex, nor does it require you to understand everything that may be factually or legally relevant to the divorce as a prerequisite of filing it. But what it does do (at the very least) is allow you to participate in the divorce and later present your arguments to the courts.
 
After the response, you and your spouse can work towards creating a settlement agreement regarding all aspects of the divorce, or you may choose to litigate these matters before the court. But, by failing to respond to a divorce petition in a timely manner, you may be prevented from doing either.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.