Wednesday, July 20, 2011

HOW LONG DO I HAVE TO FILE A RESPONSE TO DIVORCE PAPERS?

QUESTION: My spouse recently serviced me divorce papers. I do not want to go through the process. How long do I have to decide before I sign the papers? How long do I have to file a response? Should I get an attorney to represent me?

MY RESPONSE:

If the papers were merely mailed to you with a Notice and Acknowledgment of Receipt of Service, they aren't served until you sign and return the Notice and Acknowledgment.

If the papers were personally served on you, or given to someone at your home or work and a copy mailed to you, you were served.

Your Response must be filed and served within 30 days after you were served, or your spouse can request that the Court enter your default, which would bar you from participating in the divorce case and subject you to the risk of adverse rulings of the court that might have been otherwise, had you participated.

If your former partner chose to end his/her relationship with you, your failing to timely respond won't interfere with his/her ability to get the divorce.

You would be far better off retaining an experienced Family Law to represent you, and you would be far better off timely filing your Response, because not to file a response leaves you in jeopardy of rulings against your interest - far better for you to participate in the process, so that you can have a vote in the quality of the rulings.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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