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Learn your options

After you’re served divorce papers, you must decide whether to respond to the court.

Your choice affects what happens next and whether the judge hears from you.

 

This page explains your options.

 

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Your deadline to respond

📅 If you decide to respond, you usually have 30 days after you’re served to do it.

To respond, you file:

📌 You don't have to respond. Read through the three options below to figure out which is best for your situation.

Option 1: File a Response

Filing a Response means:

  • You’re part of the court case

  • You can tell the court what you want

  • The judge can’t make final decisions without hearing from you

✅ File a Response (form FL-120) ↗️ (opens in a new tab)

📌 If it’s been more than 30 days and your spouse hasn’t asked the court for a default yet, you can still file a Response. Check with the court to see if this is an option for you.

Option 2: Don’t respond

If you don’t file a Response within 30 days, your spouse can ask for a default.

In a default case, the court can:

  • End your marriage or partnership

  • Divide property and debts

  • Make custody and support orders

  • Order you to pay support or attorney’s fees

⚠️ The judge can do this without hearing from you. If you want certain things in the divorce, like money or property, this may not be a good option for you.

Option 3: Default with an agreement

You may not need to file a Response if:

  • You and your spouse have a signed written agreement

This is called a default with an agreement.

Your spouse will file:

  • Your written agreement

  • Other required court forms

If the judge approves everything, the court will make orders that match your agreement.

  • Decide whether you’ll respond within 30 days

  • Get help if you’re unsure which option is best

  • Keep copies of anything you file or receive

💬 Get help

You can get free legal information from your court’s self-help center.

They can help you understand the papers and what to do next.

Find your local self-help center for free legal information. ↗️

If your case involves a lot of property, debt, or conflict, you may want to talk to a lawyer. ↗️

Key takeaways

  • You usually have 30 days to respond.

  • Filing a Response lets you tell the court what you want.

  • If you don’t respond, the court can decide without you.

  • A written agreement may mean you don’t need to respond.

What's next?

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