To respond to divorce or legal separation papers (a Petition), your first step is to fill out a Response form. This tells the court how you want things like custody of children, property and support handled.
PRINT EMAILThe way you fill out these forms will impact the outcome of your case, so it’s important to do it correctly. The forms include some terms that may be unfamiliar to you. You can read more about these terms:
This website has information to walk you through the basic process. But, you may need more help or legal advice.
If you don’t file a response within 30 days of getting the Petition form, your spouse or domestic partner can ask for a default. If there's a default, the court won't let you file a response and can decide the case without you.
If it's been more than 30 days, check with the court to see if your spouse got a default. If there isn’t a default, you can still file Response. If there is a default, talk to a lawyer or a Self-Help Center to learn more about your options.
This form asks for basic information about your marriage and the type of orders you want the court to be able to make.
Since you are the one responding to the other spouse filing for divorce, you’re called the Respondent. Your spouse is the Petitioner.
If you and your spouse have children together, you will also need to fill out:
This form tells the court where your children were born and live and if there are any other court cases involving them. You must fill out this form if your children are under 18.
There's a process to ask the court to decide by requesting a temporary order. You’ll need to fill out more forms.
Some courts have additional local forms they require you to use. Contact your court clerk’s office, check your court’s website, or talk to your Family Law Facilitator or Self-Help Center to ask if they have any local forms you need to use.
After you’ve filled out the forms and signed the Response, make 2 copies of the Response and any other forms.
Respond to divorce papers
Once you’ve completed the forms and made copies, you need to have someone deliver (serve) your Response and file your papers with the court within 30 days of getting the Petition form.
Get an overview of the divorce process in California, learn what to expect, and get step-by-step instructions for each part