What is a Response to Divorce Agreement?
To respond to a California divorce petition, you must File a Response (Form FL 120) within 30 days of being served. This document acknowledges the petition, states your position on its requests for child custody, property, and support, and outlines the orders you are requesting. You will also need to complete and serve related financial and property forms, like the Income and Expense Declaration (FL-150) or Simplified Financial Statement (FL-155) and the Schedule of Assets and Debts (FL-142)
When responding to California divorce papers, immediately file a formal Response (FL-120) within 30 days to protect your rights, or you risk a default judgment where your spouse decides everything. Key considerations are child custody/support, property/debt division, and spousal support, requiring full financial disclosure and agreement on these major issues. Crucially, consult a family law attorney to understand complex legal rights, negotiate fair terms, and ensure proper documentation for assets, debts, and children, as California is a no-fault state, meaning the divorce will proceed regardless.
Immediate Actions (30 Days):
1) File a Response (FL-120)
This form officially tells the court you're participating and allows you to state your own requests for custody, support, and property.
2) Don't Ignore It
Failing to respond within 30 days allows your spouse to get a default judgment, potentially granting them everything requested.
3) Seek Legal Advice
A lawyer helps you understand your rights and obligations, draft your response, and negotiate.
Key Issues to Address in Your Response/Agreement:
Detail parenting plans (custody, visitation) and child support, using the UCCJEA form if kids have lived in multiple states.
Identify community property (acquired during marriage) vs. separate property and how debts will be split.
Decide if alimony will be paid, for how long, and how much.
Important Considerations:
1) Full Financial Disclosure
Both parties must exchange detailed financial information (assets, debts, income).
2) Automatic Restraining Orders (AROs)
Be aware of these court orders preventing major financial moves (like selling a house or draining accounts) without permission.
3) Settlement vs. Trial
Aim for a written Marital Settlement Agreement (MSA) through negotiation or mediation to avoid costly trials.
4) Default with Agreement
You can still avoid a formal response if you have a signed settlement, letting your spouse file it as a "Default with Agreement".