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.
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:
Attachments
Form FL-140: Declaration of Disclosure - for contested cases. Exchange with your spouse within 60 days of filing the Response.
Form FL-141: Declaration Regarding Service of Preliminary Declaration of Disclosure and Income and Expense Declaration - for contested cases.
Form FL-142: Schedule of Assets and Debts - to exchange with your spouse.
Form FL-150: Income and Expense Declaration or FL-155: Financial Statement Simplified - for contested cases. File with response or separately.
Form FL-160: Property Declaration - for contested cases. File with response or separately.
Form FL-311: Child Custody and Visitation Application Attachment - optional
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:
For more information, review the Self-Help section of the California Courts Website.
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.
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.