QUESTION
What do I do next if I was served divorce papers but did not file a response?
Asked on Jan 22nd, 2013 on Divorce - California
More details to this question:
I was told wrong information about the paperwork. I agree with everything in the petition. Can I still file the response and be divorced?
16 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File the response now. Better late than never.
Answered on Jan 23rd, 2013 at 7:25 PM
If it hasn't been 30 days since you were served, then yes, you can and must file your answer and appearance. If you were served more than 30 days again, your spouse may have gotten a default judgment.
Answered on Jan 23rd, 2013 at 4:08 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If you did not already have a Default Judgment taken against you, you may still file a Response and come to a full agreement on all issues that you may have between you, this may include Child Legal Custody, Child Physical Custody, Child Support, Spousal Support, Division of all Assets, bank accounts, retirement accounts, personal belongings, tax refunds pending, Division of all Debts, tax debt, credit card debt, home/car debt, etc. If you are choosing to let your spouse take a Default Judgment against you, make sure the details are those that you can live with forever. I suggest seeing an attorney to make sure your Judgment is written up correctly to protect your interests before allowing a Default to be taken against you.
Answered on Jan 23rd, 2013 at 4:07 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You may still file an answer so long as a default has not been taken against you (and you would have received that paperwork).
Answered on Jan 23rd, 2013 at 4:07 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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To protect your rights, you should file your Response as soon as possible. If you don't file a Response, a default may be entered against you blocking you from participating. Once a default is entered, the Petitioner can submit a Judgment resolving all issues how they would like. For example, the Judgment could assign you with the obligation to pay the other party's credit card debts, and award the other party all the assets. You mentioned that you agree with everything on the Petition, but the Petition doesn't state anything except "I want a divorce." The areas of disagreement typically revolve around the substantive issues: Who gets specific items of property? How much money is going to be paid or received for support? For how long? What is the specific child-sharing schedule going to be? Human nature being what it is, one person's idea of what is fair and reasonable is usually a little (or sometimes a lot) different than the other person's idea. You probably don't want someone else to make all the decisions for you. The filing of a Response allows you to have some input and say-so in the process. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Jan 23rd, 2013 at 4:06 PM
I recommend you consult with an attorney to discuss the status of your case and the process as soon as possible. If you did not file a Response, the divorce can proceed without your participation, but it may also still be possible to file a Response (and there may be reason to do so).
Answered on Jan 23rd, 2013 at 4:06 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you agree with all in the petition no need to file an answer. You will be notified with the date of your final divorce decree.
Answered on Jan 23rd, 2013 at 4:06 PM
If a request to enter your default has not been filed with the court, you can still file a Response. However, if you agree with everything in the petition have the other side go ahead and take your default and get a judgment without your input. It is cheaper and easier. Just be sure you are clear on what the petition is seeking
Answered on Jan 23rd, 2013 at 4:06 PM
Yes- but check with the court to be sure the case was not finalized. Send a letter to the court to advise them you want to be notified about the case.
Answered on Jan 23rd, 2013 at 4:05 PM
Dennis P. Mikko
Unless a default has been entered, you could still file an answer and should do so. Even if you agree with the initial paperwork, filing an answer will allow you to have a say in the Judgment of Divorce.
Answered on Jan 23rd, 2013 at 4:05 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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You should answer although it is not required. You can still file an answer unless the Court has ruled you are in default. Even then, so long as you appear at the final hearing (in most cases) most issues related to a divorce /custody will still be heard by the Court. You should not take any action or inaction based on this information. You should consult with a local attorney in person as soon as possible and before you take any action or inaction based on this information.
Answered on Jan 23rd, 2013 at 4:05 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If a default has not already been taken, then yes, you can file a response.
Answered on Jan 23rd, 2013 at 4:04 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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As long as the judgment has not been entered, you can file a response. You should hire an attorney to make sure everything is done properly and your rights are protected.
Answered on Jan 23rd, 2013 at 4:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Or you can let your spouse take a default and get a default judgment of divorce and you will have to do nothing.
Answered on Jan 23rd, 2013 at 4:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should file and response and perhaps a counter-complaint. If you have not, do so now. As this will effect the rest of your life, I strongly suggest you at least conifer with an attorney.
Answered on Jan 23rd, 2013 at 4:03 PM
If you agree with the petition then you do not necessarily need to file a response. However, if you need temporary orders concerning property or child issues then you need to first file a response in order to bring the motion. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jan 23rd, 2013 at 4:02 PM