Answer FileFamily Law

How long do I have to respond to divorce papers in California?

The answer, cited

Thirty days from the date you were served. Code of Civil Procedure section 412.20 gives a served respondent 30 days to file a response in a California dissolution; after that, the petitioner may request entry of default and the court can grant the divorce on the petitioner's terms without further input.

Thirty days, counted from the day the petition and summons were served — the deadline is printed on the summons itself and comes from Code of Civil Procedure section 412.20. Filing a response (with its filing fee, waivable for low-income respondents) preserves the right to be heard on property, support, and custody. Miss the deadline and the petitioner can request entry of default, after which the court may enter judgment based on the petition alone; the respondent generally cannot contest the terms, though California law still limits a default judgment to the relief requested in the petition and requires the petitioner's financial disclosures. A default entered through mistake, inadvertence, surprise, or excusable neglect can be set aside on a motion under Code of Civil Procedure section 473, generally filed within six months. Spouses actively negotiating can also sign a stipulation extending the response time rather than risking default.

Authority: Cal. Code Civ. Proc. § 412.20

Legal information, not legal advice.

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