CAN I RESPOND TO THE DIVORCE PETITION AFTER THE 30 DAYS HAVE PASSED?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you an informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Is there a way to respond to a divorce in California after the 30 days have passed? We went to a mediator and she said I do not have to respond as long as we are in mediation. Now the 30 days to respond has passed and I am feeling nervous. Can I respond late?

ANSWER: As long as your spouse hasn't already filed a Request to enter your Default, you can file your Response to the Petition. Waste no time in doing so. Your Response must be served by someone over 18 years old, other than you, and a completed and signed Proof of Service will need to be filed at the same time that your Response is filed.

If there are minor children, you will need to prepare and file (and have served) a Response and a Declaration under UCCJEA.

If you can afford to retain a Family Law Attorney, you should do so without delay, because you will need not only to file a Response to the Petition, but you should consult with and receive advice regarding your rights and obligations in advance of the Mediation, since the mediator isn't your attorney and can't give you legal advice.

Also, don't sign a mediation settlement agreement without first consulting with a Family Law Attorney about it and showing it to the Family Law Attorney.

Were your default taken, you would need to act promptly to file a Motion to set aside your default, and you would need the services of a Family Law Attorney to do so.