What to Do If You Are Served With Divorce Papers in California

Being served with divorce papers in California can be shocking, even if the marriage has been struggling. What you do in the first 30 days after being served significantly affects your rights, your financial position, and your custody situation. This guide walks through the immediate steps to take if you have been served with a divorce petition in California.

Step 1: Read the Papers Carefully

The papers you were served with include a Petition for Dissolution of Marriage (FL-100), a Summons (FL-110), and possibly additional forms. Read them carefully. The petition tells you what your spouse is asking for — how they want property divided, what custody arrangement they are proposing, and whether they are asking for spousal support. The summons contains the Automatic Temporary Restraining Orders — ATROs — that take effect immediately upon service. Understanding what the ATROs require of you is urgent: violating an ATRO can result in contempt, sanctions, and adverse consequences in the divorce proceeding.

Step 2: Understand the ATROs That Now Apply to You

The Automatic Temporary Restraining Orders in the summons take effect the moment you are served. They prohibit you from: transferring, concealing, or disposing of any property (community or separate) without your spouse's written consent or court order; removing your minor children from California without your spouse's written consent or a court order; canceling, borrowing against, or changing the beneficiaries on any insurance policies; and making extraordinary expenditures without first giving your spouse notice. ATROs operate automatically — you do not need to be served with a separate restraining order. You must comply with these restrictions immediately.

Step 3: Do Not Make Financial Moves Without Advice

A common mistake after being served is to immediately withdraw money from joint accounts, change insurance beneficiaries, or transfer assets "to protect yourself." These actions typically violate the ATROs and will be held against you by the court. Do not move money. Do not change insurance. Do not put assets in someone else's name. Do not make large purchases. Get legal advice first. California courts treat ATRO violations seriously, and the financial consequences of those violations can exceed whatever you were trying to protect.

Step 4: Note Your Response Deadline

You have 30 days from the date of personal service to file a Response to the Petition (FL-120) with the court. The response is your opportunity to formally respond to what your spouse is asking for and to state your own requests. If you do not file a response within 30 days, your spouse can request a default judgment — an order granting everything they asked for in the petition without any input from you. The 30-day deadline is firm and consequential. Even if you intend to reach an agreement with your spouse, filing a response preserves your legal rights during the process.

Step 5: Consult an Attorney Immediately

The period immediately after service is when the most consequential decisions in a divorce are made. How you respond to the petition, whether you seek temporary orders, how you approach financial disclosure, and what positions you take on custody and property all establish the framework for everything that follows. An experienced California family law attorney can review your specific situation, advise on whether to seek temporary orders of your own, help you understand the financial implications of what your spouse has proposed, and develop a strategy that serves your long-term interests.

Step 6: Gather Financial Documents

California requires both spouses to exchange financial disclosures — a complete picture of all assets, debts, income, and expenses. Start gathering your financial records now: tax returns for the last three to five years, bank and investment account statements, retirement account statements, mortgage statements, pay stubs or business financial records, credit card statements, insurance policies, vehicle titles, and any other documents reflecting your financial situation. Having organized financial records accelerates your attorney's ability to assess the case and prepare your disclosure.

Step 7: Understand That This Is a Process, Not an Emergency

Unless your children are in danger, there is no emergency requiring you to take extreme action in the first days after being served. California divorce proceedings take months to years to resolve. The petition your spouse has filed initiates a process — it is not a court order taking effect immediately (except the ATROs). You have time to retain counsel, develop a strategy, and respond thoughtfully rather than reactively. Decisions made in panic in the first days after service are frequently among the most costly mistakes people make in California divorce proceedings.

Furubotten Law, APC provides immediate consultations for people who have just been served with divorce papers throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary initial case evaluation.

You Were Served With Divorce Papers — What Happens Next

How do you file for divorce in california as the respondent? You don't file a petition — you file a Response (FL-120) within 30 days of being served. Failing to file a Response within 30 days allows the petitioner to seek your default, which means the case proceeds without your participation and the court can enter orders based solely on the petitioner's proposed terms. What do divorce papers look like when you are served? You receive a Petition for Dissolution (FL-100), a Summons (FL-110), and depending on the county, a blank Response form and instructions from the court. The Summons contains the Automatic Temporary Restraining Orders (ATROs) which take effect immediately upon service — you are prohibited from transferring, encumbering, or disposing of property, removing children from the state, or canceling insurance. Serving divorce papers on yourself means being served — you do not serve yourself; a third party delivers the petition and summons to you personally. Divorce attorney irvine and divorce attorney los angeles ca at Furubotten Law, APC represent respondents served with divorce papers throughout Orange County and Riverside County. Questions to ask divorce attorney after being served: What are my rights as the respondent? What are the critical 30-day deadlines? What should I do and not do in the immediate aftermath? What are the ATROs and how do they affect me? How much is a divorce in california if I want to respond and protect my interests? The cost of representation is the same whether you are the petitioner or respondent — your rights are equal regardless of who filed first. Divorce law in california: the petitioner and respondent have equal substantive rights — filing order does not affect property, support, or custody outcomes.