What Happens After You Have Been Served A Petition For Divorce?

If your spouse has expressed the desire to get a divorce, the first thing you need to do is respond to the petition. While doing so, you can also get the help of an experienced divorce attorney in San Jose and file a counterclaim along with your answer. This counterclaim is a request for a divorce along with a request for relief in your counterclaim.

Responding to the Petition in Time

In the petition, you will be told how many protected days you have in hand to respond. This time frame is usually 30 days. During this time, you need to decide what you want to do. Speak to an experienced divorce lawyer in San Jose and file the requisite paperwork.

If you haven’t filed any response, motion or request within the protected period, the court has the right to act against you. Furthermore, in such situations, the court is not even liable to notify you when a hearing is scheduled. Now on, the court is free to take the case forward without you.

How to File an Answer?

You can easily file your response on the family court of appeals website. In your answer you need to state whether or not you agree to the divorce petition and it also lets you state what you want if the divorce goes through. You also need to file your financial statement and a proposed parenting plan if you and your spouse currently have children.

The court assumes that you do not want to be a part of the case if they do not receive a timely response. It is best not to take this chance and act upon a petition as soon as you have made a decision at your end.