Hi, I’m Claudia Brown Coulter with Pivotal Peace. I’m your go-to mediator for navigating divorce while parenting special needs children, and I’m also a legal document assistant (LDA) based in Los Angeles, California, or you could say the greater Los Angeles area. Welcome to Question & Answer Wednesdays.
Today, we’re addressing a common concern: what happens if my spouse doesn’t respond to divorce papers? Or, if they don’t respond, do I get everything I want? Let’s dive into this topic to provide some clarity.
The Importance of a Response
If your spouse has been fully served with divorce papers in California, they have 30 days to respond. If your spouse chooses to respond they do so by filing a form similar to the petition. Filing a response is crucial because it gives your spouse standing in the case, allowing the judge to communicate with them directly if needed. If they don’t respond within 30 days, you can proceed with what’s known as a “true default” divorce. However, a “default with an agreement” is often the best route to take.
Why You Should Consider a Default with an Agreement
Cost-Effective and Efficient
Only one of you has to pay the filing fee. If you file for divorce, you pay around $450 in court fees. If your spouse responds, they would also need to pay that fee. A default with an agreement means you can file your petition, financial disclosures, and final judgment without your spouse having to file a response and incur that extra fee.
Simplifies the Process
In a default with an agreement, you file your petition, complete your step two disclosures, and then file your step three (your final judgment and agreement). Even if your spouse doesn’t respond, many counties in California require that they still file their financial disclosures. They don’t have to pay a filing fee for this, but it ensures that all necessary information is available for a fair settlement.
Types of Divorces
- Contested Divorce: Both parties file, but cannot agree on terms, requiring a judge’s intervention.
- Uncontested Divorce: Both parties file and agree on all terms.
- Default with an Agreement: One party files, the other doesn’t respond, but both reach an agreement.
A default with an agreement is often the simplest and quickest way to finalize your divorce. While you must wait 30 days for your spouse to respond, during that time, you can work on your step two disclosures and start mediating the terms of your divorce.
The Mediation Advantage
Working Towards Agreement
In those 30 days, use the time to mediate and reach an agreement on the terms of your divorce. This can involve discussing property division, child custody, and financial support. Mediation helps keep the process amicable and focused on fair outcomes.
Finalizing the Divorce
Once the 30 days are up, and if your spouse hasn’t responded but you’ve reached an agreement, you can file your final paperwork. It still takes six months and one day from the date your spouse was served for the court to finalize the divorce, but getting your paperwork in early means you’re ahead of the game.
Handling Court Delays
In some counties, like Santa Clara or Contra Costa, court processing times can be slow. The sooner you complete your part, the sooner you get in line for the court to finalize your divorce.
Moving Forward
If your spouse doesn’t file a response, it doesn’t mean you’re at a dead end. Work together to reach an agreement and move forward with the default with an agreement. This approach is beneficial for both parties and keeps the process moving smoothly.
Consult a Mediator
If you’re finding it difficult to communicate with your spouse, consider consulting a mediator. Mediators help facilitate productive conversations and ensure both parties’ needs are addressed. They can help you create a detailed, fair plan for your future, including financial and custody arrangements.
Final Thoughts
Consider proceeding with a default with an agreement and using mediation so you can streamline the process and reach a fair settlement without unnecessary complications.
Thank you for joining me on this journey through divorce processes. If you have more questions, drop them in the comments, reach out to me directly, and don’t forget to like, subscribe, and share this post. You don’t have to walk this path alone—let’s navigate it together. Have a great day and see you next Wednesday for more questions and answers. Bye!