Being served with divorce papers is often unexpected and overwhelming. Whether you knew the divorce was coming or were taken completely by surprise, understanding what the papers mean, what your deadlines are, and what your options are protects your rights from this moment forward. This guide explains exactly what to do when served with divorce papers in California — step by step — answering the question of what to do when served divorce papers clearly and completely.
What Happens When You Are Served Divorce Papers?
When you are served divorce papers California divorce process has officially begun. Service of the petition triggers several important things simultaneously: the California six-month waiting period begins running from the date of service; automatic temporary restraining orders (ATROs) take effect on both parties, prohibiting either spouse from selling, transferring, or hiding assets; and your 30-day deadline to file a formal response begins.
The papers you received typically include: the Summons (FL-110), which states the ATROs and notifies you of your rights; the Petition for Dissolution of Marriage (FL-100), which sets out what your spouse is requesting; and possibly a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) if there are children. You may also have received requests for temporary orders, which require a faster response.
What to Do When Served With Divorce Papers — Your 30-Day Deadline
What to do when served with divorce papers — and served with divorce papers what to do next — your most critical immediate action is to note your 30-day deadline. You have 30 days from the date of service to file a Response (FL-120) with the court. If you do not file a response within 30 days, your spouse can request a default. A default divorce California allows the petitioning spouse to obtain a judgment based solely on what they requested in the petition — without your input on property division, support, or custody.
Received divorce papers what to do? Even if you agree with everything your spouse has requested, filing a formal response is almost always in your interest. Filing a response preserves your ability to negotiate, request changes, and be heard in court. Not filing — even when you intend to cooperate — leaves you legally vulnerable if the cooperation breaks down.
Got Served With Divorce Papers — Understanding the ATROs
Got served with divorce papers and wondering what you can and cannot do with your finances? The Summons includes automatic temporary restraining orders that took effect the moment you were served. These ATROs prohibit you from: removing or canceling insurance coverage for your spouse or children; transferring, concealing, or disposing of community property; borrowing against community assets; or taking the children out of California without the other parent's consent or a court order. Violating the ATROs is a contempt of court and can result in serious legal and financial consequences.
Do I Have to Sign the Divorce Papers?
Responding to divorce papers California does not require you to agree — you respond by filing your own legal documents, not by signing anything your spouse has submitted. You cannot stop a divorce in California by refusing to respond. California is a no-fault state where either spouse can obtain a dissolution over the other's objection. What responding does is give you a voice in the proceedings to present your position on property, support, and custody.
Furubotten Law, APC represents respondents throughout Orange County and Riverside County who have been served with divorce papers and need to understand their rights and options immediately. Call (714) 795-3862 for a complimentary case evaluation — time matters when you have a 30-day deadline.