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Divorce 101: Responding to a Divorce

Considering Your Options

As explained by the California Courts, you have three main options after you have been served with a petition for divorce:

1. Do nothing, which will lead to a default case. You give up your right to have any say in the divorce proceedings, and your spouse will likely be granted what they asked for in the petition. Read more about the default option here.

2. Reach an agreement with your spouse outside of court, either before or after filing your response. If you are able to agree on issues such as child custody, spousal support, and property division, you may pursue an uncontested case. More information about that process is available here.

3. File a response with the court in which you disagree with what your spouse is asking for in the petition. This is considered a contested case, and you can read more about the process here.

Forms to Respond to Divorce

To avoid a default judgment, you must file a response within 30 days of service. See Family Code §2020.

If you do decide to file a response, prepare the paperwork for the following forms:

  • FL-120 - Response and Request for Dissolution, Legal Separation, or Nullity of Marriage 
  • FL-105/GC-120 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - only if you have minor children

Attachments

File and Serve Paperwork

Where to File

Use the San Diego Superior Court's zip code directory to figure out where to file your paperwork. To file in San Diego County, you must live in the county for 3 months and the state of California for 6 months.

Once you determine the courthouse where you file, take your forms to the court clerk at the Family Law Business Office and pay the filing fee.

Serve Your Forms

The next step in the process is to "serve" your spouse or domestic partner with copies of all your court papers.

Legally, the papers must be served by someone other than yourself who is 18 or older. Depending on how your spouse is served, the server will need to fill out one of the following forms, which you will then file with the court:

  • FL-330 - Proof of Personal Service 
  • FL-335 - Proof of Service by Mail

For more information, review the Self-Help section of the California Courts Website.

Quick Links

Odyssey Guide & File

If you are representing yourself in court, the Odyssey Guide & File website may be able to help you prepare your legal documents online. Guide & File has forms for divorce, family law, eviction/unlawful detainer, small claims, restraining orders, guardianship, and more. You must review your forms before filing them with the court.

 

Filing Fees

Review the Family Law Fees section of the Superior Court of San Diego County's website for the most up-to-date information.

If you cannot afford the filing fee, you may qualify for a fee waiver.