When one spouse decides to file for divorce in California, they then have to serve the divorce petition to their spouse. The next step is for that individual to respond to the petition, whether they agree to the terms or disagree. Only after that response can the actual divorce case begin, as this will determine if they are contesting the terms and the divorce needs to go through litigation.
In California, you have 30 days to respond to a divorce petition, in most cases. If your spouse serves you the paperwork, you do have time to consider it, to look into your legal options and to determine if you want to agree to those terms or not. The 30-day period gives you enough time to read and consider the paperwork, but you cannot delay the divorce process forever.
What if you do not respond?
If you do not respond, then your spouse still has an option to move forward with a divorce. They can just ask the court to make a default divorce ruling.
People sometimes mistakenly believe that they can delay a divorce indefinitely if they simply ignore the paperwork. But this is not the case, as your spouse would still be able to end the marriage without your involvement.
Typically, it is in your best interests to respond because that means that you will get to weigh in on important decisions like how assets are divided or how you and your spouse split up physical or legal custody of your children. If your spouse gets a default divorce, you would have less say in these matters.
Moving through the divorce process
This outlines how a divorce typically begins, but there are many other steps to be taken as it moves forward. It can help to work with an experienced attorney during this process.
