Being served with divorce papers can be overwhelming, particularly if you were not expecting your spouse to file. You may have questions about whether you need to respond, what happens to your property, whether you can remain in your home, and what happens next with your children and finances.
The most important thing to know is that being served does not mean your spouse has already won anything. A Petition for Dissolution starts the divorce process and tells you what your spouse is requesting. It is not a final court order granting those requests nor is it in and of itself a request for a hearing date.
However, there are important deadlines and restrictions that begin once you are served, so it is important to understand what comes next.
First, Review Everything You Were Served With
A typical California divorce begins with a Petition for Dissolution of Marriage (FL-100) and a Summons (FL-110).
The Petition identifies information about the marriage and tells you what your spouse is asking the court to address. Depending on the case, this may include child custody and visitation, child support, spousal support, property division, separate property claims, and attorney’s fees.
You may also receive additional documents. For example, if your spouse is requesting immediate court orders, you may receive a Request for Order (FL-300) and a hearing date along with the divorce papers.
Do not assume that every document has the same deadline. Review the entire packet carefully.
You Generally Have 30 Days to Respond
After you are personally served with a divorce Petition and Summons in California, you generally have 30 days to file a Response (FL-120) with the court.
The Response allows you to tell the court your position on the issues raised in the Petition and make your own requests concerning matters such as custody, support, and property.
Ignoring the papers does not stop the divorce.
If you fail to respond, your spouse may eventually ask the court to enter your default. A default can significantly limit your ability to participate in the case and protect your interests before a Judgment is entered.
If you have been served, it is therefore important to note the date of service and determine your response deadline promptly. Contacting an attorney, such as The Soleymani Law Firm, APC, can help ensure you meet the required deadlines and protect your interests.
Pay Attention to the Automatic Restraining Orders
The California divorce Summons contains Standard Family Law Restraining Orders.
These restrictions become effective against the responding spouse upon service of the Summons.
Among other things, these restrict both parties from transferring, concealing, or disposing of property without the other party’s written consent or a court order, except in certain circumstances. They also contain restrictions concerning removing minor children from California and making certain changes to insurance and other financial arrangements.
These orders are important. Before moving money, selling property, changing insurance coverage, or making other significant financial decisions after being served, consider obtaining legal advice to ensure you do not inadvertently violate these.
Do I Have to Move Out of the House?
No. Simply being served with divorce papers does not automatically require you to leave the family residence.
Whether one spouse should move out is a separate issue and can involve important financial and child custody considerations.
If children are involved, moving out may also affect the practical parenting arrangement that develops while the divorce is pending. Before voluntarily leaving the residence, particularly in a contested custody case, it can be helpful to discuss the potential consequences.
Of course, situations involving domestic violence, restraining orders, or immediate safety concerns require a different analysis.
What Happens With the Children?
Filing for divorce does not automatically determine custody.
If there are no existing custody orders, parents may initially continue operating under their existing parenting arrangement or attempt to reach an agreement. If they cannot agree, either parent may ask the court to establish temporary custody and visitation orders.
California courts decide custody based on the children’s best interests, with particular emphasis on their health, safety, and welfare.
If you are served with divorce papers involving children, avoid making major unilateral decisions simply because a divorce has been filed. Taking the children, changing schools, significantly altering the parenting schedule, or interfering with the other parent’s contact can create additional disputes and may later become relevant in custody proceedings.
What About Child Support and Spousal Support?
Support is not automatically established simply because a divorce Petition has been filed.
Either spouse can ask the court for temporary financial orders while the divorce is pending. Depending on the circumstances, this may include child support, spousal support, contribution toward certain child-related expenses, and/or attorney’s fees.
Temporary financial orders can be particularly important because a divorce may take many months, or longer, to resolve.
Start Gathering Financial Information
California divorce proceedings require financial disclosure. Even if you believe your case will settle, you should begin organizing your financial records early.
Useful documents may include:
- Recent tax returns;
- Pay stubs and other income information;
- Bank and investment account statements;
- Retirement account statements;
- Mortgage and loan documents;
- Credit card statements;
- Property records; and
- Records concerning businesses or other significant assets.
You should also identify property you owned before marriage, property acquired through inheritance or gift, and any other assets you believe may constitute separate property.
Good financial records can make a significant difference in resolving property and support issues efficiently.
Be Careful About Communications With Your Spouse
Divorce can be emotional, particularly immediately after service. Text messages, emails, and communications through parenting applications may later become evidence.
Avoid threats, insults, excessive messaging, or statements made in anger. If children are involved, keep communications focused on their needs and avoid placing them in the middle of the dispute.
The same caution applies to social media. Assume that anything you post could potentially be seen by your spouse or the court.
Do I Need a Divorce Attorney?
Not every divorce requires extensive litigation, but being served is a good time to understand your rights before making decisions that may have long-term consequences.
This is particularly important if your case involves children, significant assets, a family business, real property, disputed income, separate property claims, or requests for spousal support.
Even if you hope to resolve the divorce amicably, understanding your legal position can help you make informed decisions and avoid unnecessary disputes.
Being Served Is the Beginning, Not the End
Receiving divorce papers can feel intimidating, but service is simply the beginning of the legal process.
Take note of your deadlines, preserve important financial records, comply with the restrictions contained in the Summons, and avoid making major decisions based solely on emotion or fear.
An attorney at the Soleymani Law Firm, APC can review the documents you received, explain what your spouse is requesting, identify immediate issues that need attention, and help you develop a strategy for moving forward.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals considering a prenuptial agreement should consult with a qualified California family law attorney regarding their specific circumstances.