What to Do After Being Served with Divorce Papers in California

February 19, 2025

What to Do After Being Served with Divorce Papers in California

At Williams, Drexler, & Mand PC, we understand that being served with divorce papers can be overwhelming. Whether you anticipated the filing or it came as a surprise, knowing your next steps is crucial in protecting your rights and preparing for the legal process ahead.


1. Read the Divorce Papers Carefully


The first step is to thoroughly review the documents you received. The Summons and Petition will outline the divorce request, including any claims for child custody, spousal support, or division of assets. The Summons will also contain important deadlines and instructions on how to respond.


2. Pay Attention to the Deadline to Respond


In California, you have 30 days from the date you were served to file a formal Response (FL-120) with the court. Failing to respond within this time may result in a default judgment, meaning your spouse could be granted what they requested without your input.


3. Gather Important Documents


Start compiling financial records such as bank statements, tax returns, mortgage documents, and retirement accounts. These documents will be essential in determining asset division and support obligations.


4. Consider Legal Representation


Even if the divorce seems amicable, seeking legal guidance can ensure you understand your rights and obligations. An attorney can help you:

  • Draft and file your Response
  • Negotiate terms related to property, custody, and support
  • Advocate for your interests in court, if necessary


5. Evaluate Temporary Orders


If there are immediate concerns about child custody, spousal support, or property use, you may need to request temporary court orders. These can provide financial stability and structure during the divorce process.


6. Explore Settlement Options


California courts encourage spouses to settle disputes through mediation or negotiation before resorting to litigation. Reaching agreements outside of court can save time and reduce costs.


7. Protect Your Finances and Assets


Until a formal agreement is reached, avoid making major financial decisions, such as selling property or draining bank accounts. Additionally, follow any automatic restraining orders listed in the Summons regarding financial and property matters.


8. Prioritize Your Well-Being


Divorce can be emotionally challenging. Seeking support from family, friends, or professional counselors can help you navigate this transition with clarity and confidence.


9. Prepare for the Next Steps


After filing a response, the case will move through the discovery phase, settlement negotiations, and possibly a court hearing. Each step has specific legal requirements that an attorney can help you manage.


Get Legal Guidance from Williams, Drexler, & Mand PC


At Williams, Drexler, & Mand PC, we provide legal assistance to individuals facing divorce in California. If you have been served with divorce papers, we can guide you through the legal process, protect your rights, and work toward the best possible outcome.

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