Should you buy a ticket to the party?
Your partner wants a divorce.
If the two of you are in agreement on all of the issues, you can save money by not filing a Response, allowing the Petitioner to request a Default with Agreement.
Or you can “buy a ticket to the party” and file a Response to the divorce the Petitioner started, called an Uncontested Divorce.
Referring to a divorce as a party may seem like a callous description, but this is the phrase commonly used in the legal field to describe this critical decision.
Uncontested Divorce
“Buying a ticket” refers to the Respondent paying the CA filing fee of $435 in order to file a Response to the Petition. This is in addition to the $435 that has been paid for filing the Petition, for a total of $870 in filing fees. This is called an Uncontested Divorce. To complete your divorce, both parties will sign the stipulated (agreed-to) judgment.
“The party” refers to making an “appearance” in the case in order to maintain the right to be heard by the judge regarding the issues of your divorce. Making an appearance does not necessarily mean you need to go in court. In fact, if you are in agreement, you won’t likely see the inside of a courtroom. It means that you have notified the court (through filing a Response) that you are aware you are being divorced, and that if you end up in court, you want to have a say in the matter.
Default with Agreement
You may say, “We don’t need to go to court. We agree on all issues. I don’t want to respond and pay another $435.”
Great! The Petitioner will file a petition. Then, just an in an Uncontested divorce, you will both sign the stipulated (agreed-to) judgment. Your signature will be your confirmation that you agree with all the contents. To complete your divorce, your partner will be filing a request for Default with Agreement. This requires only one filing fee of $435.
Educate yourself
But let’s make sure you are making an educated decision to complete your divorce by Default with Agreement (no Response).
The benefit to filing a Default with Agreement is saving money. This works out well if your agreement is solid. However, if there’s a chance your agreement will fall apart, you may be taking a risk.
If you do not respond to your partner’s petition for divorce, your partner could complete the case without you. In this case, the court will likely assume that you agree to what your partner asked for in his or her petition. http://family.findlaw.com/divorce/answering-the-divorce-dissolution-petition.html#sthash.rfYuMsMu.dpuf (accessed 10/07/2014)
Make sure you read the papers your partner presents to you very carefully before signing. What they asked for in his or her documents is probably going to be what the court orders. http://www.courts.ca.gov/1233.htm (accessed 10/07/2014)
Can I file a Response later if I change my mind?
“If a default is entered against a spouse who failed to answer a divorce/dissolution petition, he or she may be able to ask the court to remove or “set aside” the default so that the divorce can be contested, but the respondent will need to show sound legal reasons that justify such a move.” http://family.findlaw.com/divorce/answering-the-divorce-dissolution-petition.html#sthash.rfYuMsMu.dpuf (accessed 10/07/2014)
This is general information regarding the decision to file a response or not to file a response. If you have any doubts about what you should do in your circumstances, take some time to consult an attorney so you can confidently RSVP to the “party” if needed. When the two of you have made your decision, give us a call at 949-648-7838 to begin your document preparation.
The best part: Peace Plan Divorce can take care of all the details for you. Click here to see our Services and Pricing.
-Lori Kilker
cropped CC Photo courtesy of Elliot Brown via Flickr