If your spouse files for divorce in California, you are required to respond to the petition. You typically have 30 days to do so.
There are certain things that can extend this process. If you are a military member, for example, you can request an automatic stay under the Service Members Civil Relief Act. If you are deployed or otherwise occupied with your military service, you may not be able to respond promptly or participate in court hearings and other aspects of the process. The automatic stay gives you additional time, putting the divorce on hold until you return.
But for most people who are served while living with or near their spouse in California, the deadline is 30 days to respond.
What if the deadline is missed?
There are cases where one person files for divorce and serves the petition to their spouse, only for that spouse to ignore it or miss the deadline.
If you are in this position, you do have to give your spouse the full 30 days to respond. Even if they say they do not plan to respond, they are entitled to that time to consider their options.
Once the deadline has passed, however, you can move forward with the divorce process. You may request that the court issue a default divorce judgment. The court can authorize the divorce and resolve the details with only your involvement, excluding your spouse from the proceedings.
Moving forward with a divorce
Things often go smoothly when both parties respond properly to divorce petitions and other necessary paperwork. But even if that does not happen, divorce is still possible. Be sure you understand how to move forward and what legal rights you have at this time.