What To Do If You’ve Been Served Divorce Papers

Receiving divorce papers at your door can bring up a mix of emotions, from confusion and anxiety to anger or even relief. These documents are the official start of a legal process that will change your future. Knowing what they mean and what steps to take next can help you find your footing during this difficult time.

At Cullen Family Law Group, we understand that each divorce comes with its own set of financial and emotional hurdles. Our lawyers work closely with our dedicated support staff to cover all aspects of your case. We will make sure your questions are answered quickly and your concerns are addressed promptly at every step of the process.

Understanding The Divorce Papers You’ve Received

The Summons (FL-110) and Petition (FL-100) form the foundation of your divorce case. The Summons informs you about the legal action and sets up automatic restraining orders, while the petition details your spouse’s requests regarding:

• Property and debt division
• Spousal support
• Child custody and visitation
• Child support

When you receive these documents, your spouse might have included temporary instructions that address immediate issues, such as who will stay in the family home, how child custody will be handled for the time being and what financial support will be provided during the divorce process. It’s important to look closely at the Standard Family Law Restraining Orders on the second page of the Summons. These come into effect as soon as you’re served and prevent both parties from:

• Removing minor children from California
• Transferring, hiding or disposing of property
• Making changes to insurance policies
• Creating or modifying estate plans

Additionally, if you have children, you might get forms such as the Uniform Child Custody Jurisdiction Act (UCCJEA) Declaration (FL-105), which outlines where your children have lived. You may also receive documents that require you to disclose your property, assets and debts.

Critical Deadlines You Cannot Miss

When you receive divorce papers, the most important thing to remember is the 30-day window for filing your response. This timeframe starts the day after you get the papers and includes weekends and holidays. Take note that “filed” means the court has received your documents by this date, not just that they are postmarked or prepared.

If you miss this deadline, the court might issue a default judgment, which means it will go ahead with your spouse’s requests without hearing from you. You may lose your ability to have a say in:

• How parties will divide shared property 
• Support amounts
• Custody arrangements

It’s much harder and more costly to contest terms in the proceedings once a default judgment is in place. If you need more time, you can request an extension by filing a Stipulation for Extension of Time (FL-115). However, it has to be with your spouse’s agreement. If they don’t agree, you might have to submit your response first and then seek modifications later. 

Your Response Options After Being Served

Being served first doesn’t put you at a legal disadvantage. While the person who starts the process sets the timeline, both parties have equal rights in court. However, responding promptly allows you to clearly present your stance right from the start.

When you receive divorce papers from your spouse, you have a couple of options for how to proceed:

• File a response (FL-120): This is the document you can use to address each point in your spouse’s petition. You can agree with some requests and challenge others. For example, you might agree with the divorce itself but have certain issues with their proposed custody or support arrangements. Filing a response ensures you can fully participate in the court proceedings.
• Default with agreement: If you and your spouse have already agreed on all aspects of the divorce, including property division, custody and support, you may both sign a written agreement without needing to file a Response. However, it’s highly advisable that you still have a divorce attorney review the agreement before signing to avoid any issues.

Before making a decision, it’s wise to first discuss your situation with experienced legal professionals. Our divorce attorneys can help identify any issues in your spouse’s petition that might impact your property rights, support obligations or custody arrangements. We can also assist in drafting responses that protect your interests and comply with local court rules and procedures.

Respond With Confidence And Clarity: Contact Us Today

Emotions may be running high, which makes seeking experienced and objective legal advice all the more crucial. Contact our Riverside or Temecula office today to schedule a consultation. Call 951-715-4632 or send us a message through our contact page.