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What Happens Once Divorce Papers are Served in San Diego

On Behalf of | Jan 31, 2021 | Divorce

What happens once divorce papers are served in San Diego?  The first thing you need to know if you have received the service of divorce papers is this: you must answer, or your former spouse will be given every single thing they asked for by the Court.

California law provides 30 days for you to respond to the divorce petition.  If you do not file a timely response a “default judgment” will be entered against you.  A default judgment usually gives the petitioner (your former spouse) everything they requested, from child custody to asset division and financial support.

If your response to the divorce papers is not complete or properly formatted the Court may proceed with a default judgment against you.  This is why it is important to contact the experienced Certified Family Law Specialists at Burke & Domercq once divorce papers are served in San Diego.

The cost, time and legal challenges associated with coming back to the Court after a default judgment have been issued are substantially more than filing a timely response.

Once divorce papers are served in San Diego for a contested divorce each party must comply with the initial temporary orders of the court.  These usually include instructions regarding money, property and debts as well as instructions not to take a minor child out of the area or out of state without advanced written authorization from the Court.

Each party will be required to make preliminary disclosures regarding their financial condition, assets and debts.  These disclosures must be truthful, accurate, full and transparent under California law.  The disclosures seek information about your income and expenses as well as all assets and debts.

Once the preliminary disclosures are completed the parties usually begin to work on resolving all issues contained within the settlement agreement.

Many people may realize a divorce is imminent, but it is almost always a surprise to be served with a divorce.  Once divorce papers are served in San Diego you must take immediate action to protect your interests and preserve your legal rights.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.