QUESTION
If we are annulling/divorcing amicably, what is the cheapest route?
Asked on Nov 01st, 2012 on Divorce - California
More details to this question:
We understand that in California, the Petitioner has to pay $435 to file. The Respondent has to pay another $435 to file their response. However if the Respondent does not in fact 'respond', does this mean only 1 x $435 need to be paid? More crucially, what happens when the Respondent does not respond? Is the annulment/divorce issued by default as uncontested?
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes it can be done by default.
Answered on Nov 02nd, 2012 at 4:53 PM
If you are in a mediation the Respondent is protect on the agreement for not filing a Response so that the processing can go by default without prejudice to either party.
Answered on Nov 02nd, 2012 at 3:05 PM
If the dissolution is amicable then it can be handled through the use of the default by one party who would not a pay a filing fee. But the defaulting party should be sure that there is a settlement agreement signed and in place before they allow the default to be entered. Otherwise, Judgment could be entered on the terms dictated by the Petitioner.
Answered on Nov 02nd, 2012 at 3:05 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Default with an agreement and no response may let you pay only one filing fee but some courts may make you pay two fees if he signs the agreement. Check your courts rules
Answered on Nov 02nd, 2012 at 3:03 PM