Steps to Divorce — What to Do If You’ve Been Filed Against

Divorce

You’ve been served. So what happens next? Here are the first steps to divorce to take after your spouse has filed for divorce.

Initially, getting served with divorce paperwork might feel threatening and intimidating. The language on the summons says you have been sued and you have 30 days to respond.

But don’t worry, your attorney will help you navigate the steps to divorce.

Understanding the First Steps to Divorce

Take the petition and summons and any other paperwork you were served with you to your consultation with an attorney and discuss your options.

You will need to have a Response prepared and this will need to be served, most often by mail, on the other party or their attorney. If by mail, the Response must be sent to the opposing party no later than 25 days from the date you were personally served. You can learn more about responding to a petition for marriage dissolution here.

In San Diego County, when the petition is filed, the court will set either a Family Resolution Conference (FRC) or a Self-Represented Family Resolution Conference (SFRC). When you get served, a Notice of Hearing should be given to you along with the petition and summons. It is very important that you give this notice to your attorney so a court appearance can be scheduled.

Other Things to Note About the First Steps to Divorce

You might also receive a copy of what’s called a Request for Order, which is an application by the other party to ask for certain orders at a hearing while your divorce case is pending. These requests and any orders that follow can cover a wide range of topics, including—but not limited to—such things as attorney fees, sale of real estate, custody and visitation with children, child support, and temporary spousal support.

The timing to respond to such a request is different than the time to respond to the petition and summons. You will need to personally serve the Responsive Declaration at least nine days prior to the hearing date, adding five additional calendar days if this is served by mail. Your attorney will explain all of this to you during your initial consultation and take care of the complicated process for you, with your assistance.

There are several other steps and forms to complete during the divorce process, especially related to the required financial disclosures that must be exchanged by both parties before a divorce can be final.

Your divorce attorney will walk you through this and assist you in the process.  To get more information, review Step 4 on this page and talk to your attorney.

An Experienced Attorney Can Help You Navigate the Steps to Divorce

Whether you’re going through a divorce or need assistance with other family law matters, an experienced attorney can help.

If you’re ready to take the next steps in your divorce case, contact JWB Family Law to schedule a free consultation.

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

When you work with JWB Family Law, you can rest assured that your personal family situation and concerns are being handled by a team that has the specialization and expertise you need to bring your issues to resolution.

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

Domestic Violence Restraining Orders

A domestic violence restraining order is issued by the court and serves to protect someone from physical harm, continued mistreatment, or the threat of abuse. Such orders are often issued to family members or a member of the household. However, they can be filed...

Important Information on Child Custody

When it comes to family law, child custody is one of the most sensitive and emotionally charged issues. Deciding who will have legal and physical custody of a child can be challenging for everyone involved. It's a complicated process that requires careful...

What You Should Know About Military Retirement Pay

In a United States Supreme Court case, Hisquierdo v. Hisquierdo, the Court noted that federal employee deferred compensation benefits may be governed by federal law when applying conflicting state laws related to community property, so as to prevent “major damage” to...

The Link Between Domestic Violence and Child Custody

Domestic violence can include physical, verbal, emotional, sexual, and psychological actions. Other actions, such as threats or coercive behavior can also be considered domestic violence. Without a knowledgeable domestic violence attorney, it can sometimes be...

October Is Domestic Violence Awareness Month

In October of 1987, Domestic Violence Awareness Month was launched nationwide by the National Coalition for Domestic Violence to generate awareness for domestic violence issues and to connect individuals and organizations that work to combat domestic violence and to...

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property: