WHAT COULD HAPPEN IF I DON'T RESPOND TO A DIVORCE PETITION?

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: What problems can happen if I do not respond to a divorce petition? I live in California. My wife and I have been married less than two years and recently separated. We have agreed on the division of our property. (cars and furniture) All paperwork has been signed transferring vehicles, and car loans etc. to each other as we agreed upon. I do not want a divorce but my wife will most likely file. If she does file and she asks for nothing else in the petition besides the divorce and change of name, do I have to respond? If I don't, I know she will be granted the divorce but could there be other legal ramifications I'm aware of? Will handling it this way cost either of us more money? Thank you.

ANSWER: It is not mandatory that you respond to the Petition, but you should read everything in the Petition, as soon as you are served, to see what your wife is asking for in her Petition for Dissolution of Marriage, to determine whether it would be wise for you to respond to the Petition.

If you don't understand (and agree with) the requests for relief that she made in her Petition (whether by checking a box, or in printed language in the body of the Petition), or if you have any questions about whether or how you should respond to the relief sought in the Petition, you should promptly have an in-person consultation with an experienced Family Law Attorney, to advise you of the consequences of a failure to respond to the Petition in view of the specific relief requested.

You have only 30 days to respond to the Petition (i.e., to file and have someone other than you serve your Form FL-120 Response, along with a Proof of Service), and if you fail to do so, your default will likely be sought and entered, resulting in your inability to contest anything your wife requests and your inability to participate in the divorce case.

Things that your wife could request in her Petition may be attorney's fees (if you don't respond, you could be ordered to pay some or all of her attorney's fees), spousal support, and/or property that you thought that you and she agreed that you could have, among other things.

If all your wife requests in her Petition is a Status Dissolution of your Marriage, and nothing else, it is unlikely that your failure to respond to the Petition would have negative consequences to you, but you would be safest to consult with an experienced Divorce Lawyer regarding the Petition long before your 30-day response time expires. Not responding would be the cheapest way for you, but the cheapest way might not be the best way.


This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles 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, www.conviser.net