If you have been served with Divorce papers in Los Angeles County, you have also received the blank Response to Divorce paperwork. Does this mean you must respond? Here’s some things to think about before you respond:
- Speak to an experienced Divorce Attorney to determine your legal rights and options and to understand whether you should or should not Respond
- If the Attorney suggests that you should Respond in order to protect your legal rights, the Response to Divorce needs to be filed within 30 days from the date of service; if you file it later, the petitioner may enter a default (when the respondent does not respond); once a default is entered, you are no longer ‘in the case’. This situation can be remedied, but it is costly to do so.
- If the Attorney suggests that you do not need to Respond, it is because you have a short marriage, no children and no property (assets or debts) and you & your spouse are cooperative; in most cases a court appearance is not necessary and the divorce will be finalized
Always remember, if you have issues and have not responded, you & your spouse can agree and, in most cases, would not need to go to court. In this case, the Attorney would prepare a Marital Settlement Agreement that would address all your issues. Likewise, if you have responded and are now in agreement regarding all issues, the Attorney can prepare a Stipulation which would, in most cases, avoid a court appearance.
However, if you have issues and cannot come to an agreement on them, a Response will place you ‘in the case’ and you can now request a trial date and go before the judge to address your issues. You can also file a Request for Order to temporary orders.
The best approach when confronted with a Divorce, is to get legal advice so that you understand your legal rights and options. Legal Action Workshop’s experienced Attorneys can advise you as to your best legal options. To get information right away, give us a call @ 1-800-HELP-444 or visit our website www.LegalActionWorkshopLAW.com .
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