QUESTION
What happens if I do not respond to a divorce filling?
Asked on Apr 21st, 2015 on Divorce - California
More details to this question:
We were married for 10 months. We have no children or assets. Wife is asking for nothing. I keep and she keeps property we had before marriage. We can't afford filling fee of $475 and process server fee either. County clerk said just don't respond.
3 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
You should qualify for a waiver of the filing fee if you deserve it. Petitioner is to be limited in the Judgment to the relief sought in the Petition. The Family Facilitator at your Courthouse will assist you for free in self-representation.
Answered on Apr 23rd, 2015 at 1:04 PM
Clerk is right. If you do nothing a default will be entered against you. Then a judgment will be made for a divorce. Take care and just wait to see if he goes ahead with things.
Answered on Apr 23rd, 2015 at 11:51 AM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
The Petitioner can get a fee waiver for the filing of the case if neither of you can afford the filing fee. The Respondent can be served by mail and can sign a Acknowledgment of Receipt, which the Petitioner can then file with the Proof of Service of Summons. The Respondent does not need to respond (and pay the filing fee or request a fee waiver) if you both agree on the terms of your divorce. Each of you needs to fill out your required Preliminary Disclosures, then you can waive your Final Disclosure, and file your Judgment (containing the agreement that there is no community property and no request for spousal support and no children expected). Your case will automatically finalize six months after the Acknowledgement of Receipt was signed.
Answered on Apr 23rd, 2015 at 11:51 AM