Unrepresented Party

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.

Your spouse has 21 days to file an Answer with the court. The Answer is your spouse's statement that tells the court whether he or she agrees or disagrees with what you say in your divorce Complaint, including whether he or she agrees or disagrees with what you say or wants the court to do something different.

If you do not respond to your spouse or partner's petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a "default" or an "uncontested case." In a true default case, you are giving up your right to have any say in your divorce or legal separation case.

In the state of California, you and your former spouse must go through a series of processes in order to successfully file for a divorce. From start to finish, the divorce process in the Golden State can take at least six months even if both parties agree to the dissolution immediately.

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.

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.

(3) A respondent who has not filed a reply is not entitled to receive notice of any part of the proceedings under these rules, including, without limitation, any court appearance, hearing, conference or trial.

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).

You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.