Do I have to respond to a divorce petition in California?

If you don't file a response within 30 days of getting the Petition form, your spouse or domestic partner can ask for a default. If there's a default, the court won't let you file a response and can decide the case without you. If it's been more than 30 days, check with the court to see if your spouse got a default.

How long does a respondent have to answer in California?

In California, the respondent will have 30 days from the date of service to file a response with the court. This is the non-filing spouse's opportunity to raise any concerns they may have about the proposed divorce and offer alternative terms.

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California Request or Response to Request for Separate Trial

Chula Vista California Request or Response to Request for Separate Trial

Name: Chula Vista California Request or Response to Request for Separate Trial
Brand: US Legal Forms
Rating: 4.77 (415 reviews)

Category:

California Family Law - Statewide - Divorce - Requests

State:

California

City:

Chula Vista

Control #:

CA-FL-315

Format:

Instant download

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Description

This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.

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FAQ

While there is no required separation period in the state of California, there is a six month waiting period. This means that you can file for divorce on the day you decide you want one, but you must wait six months for the divorce to be finalized by a judge.

If you don't file a response within 30 days of getting the Petition form, your spouse or domestic partner can ask for a default. If there's a default, the court won't let you file a response and can decide the case without you. If it's been more than 30 days, check with the court to see if your spouse got a default.

The process to file for legal separation in California is nearly the same as that used for a divorce/dissolution. A spouse must file a petition, pay the filing fee, serve the petition on the other spouse, and file financial disclosures with the court.

If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.

You'll use the Responsive Declaration to Request for Order (form FL-320) to respond. In this form, you'll tell the court and other side if you agree or disagree with the request. If you disagree, you can explain why and what you think the court should order instead.

Generally, the fee for filing a legal separation petition with the court will be $435. This fee applies not only to the filing but also to any response you might submit.

A Responsive Declaration to the Request for Order must be filed and served with any supporting documents within 9 Calendar days of the hearing.

In the absence of an agreed extension, if the respondent fails to serve an answer within 30 days he or she is deemed to be in default. This means the divorce will be uncontested and the court will grant the divorce and other relief the petitioner has requested.

In California, the respondent will have 30 days from the date of service to file a response with the court. This is the non-filing spouse's opportunity to raise any concerns they may have about the proposed divorce and offer alternative terms.

More info

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. FL-315, Request or Response to Request for Separate Trial.Form Approved for Optional Use. The superior court denied the petition and we now affirm. Procedure for completing a divorce in California without assistance of an attorney. The first step in the divorce proceeding is filling out several forms. If you reside within Chula Vista city limits, your divorce case will be fled in the South County Regional Center. Where can I find information about obtaining a restraining order?

Chula Vista California Request or Response to Request for Separate Trial

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