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When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
If the divorce petition isn't returned then you need to apply to the court for the next stage of proceedings.
If you don't agree with the details of a divorce, you can defend it. Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce. This is called giving an answer. It will involve a court hearing so you should contact a solicitor immediately.
The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. He or she must respond to ("answer") the petition within a certain time (usually about three weeks).
Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. Answer with a Counterclaim.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
The Court can grant a divorce order, even if the spouse refuses to sign any documents.Otherwise, the spouse may ask the Court to appear by telephone. While a spouse can refuse to sign the divorce papers, it is highly likely that the divorce will still take place. However, some situations could delay the divorce.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
Proof of Personal Service (Form FL-330): This form confirms that the response to divorce petition was filed with the court and served on the other spouse. Alternatively, the respondent can also serve them by mail, in which case they will need to complete and file the form for Proof of Service by Mail (FL-335).