Dr. Judith Gerhart, CFP
Certified Divorce Financial Analyst 
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Filling of Petition / Response
August 18, 2008
California is a ”no-fault” state. This means that either spouse can file a divorce without proving someone is at fault (i.e. cheating, physical violence, etc.) Thus in order to start a divorce, one party simply files a Petition for Dissolution. Currently, this petition costs $320 to file.
After the petition is filed, the party who filed it must serve the other side with the papers in order to notify them that a divorce preceding has been filed. I highly recommend that prior to serving the divorce papers, you notify the other side. We’ve all seen the video footage of the crestfallen face of Keven Federline, who allegedly discovered via text message that Britney filed for divorce. Divorce is difficult enough. If there is any room for courtesy, apply it.
After the other side receives the papers, they have thirty days to respond to the Petition by filing a Response. The Response currently costs $320 to file. If they do not file a response within 30 days, the person who filed the Petition ( called the petitioner), may request a default judgement. In this case, they will generally receive everything they ask for in papers. (with some exceptions which you must discuss with an attorney).
In California, Judgement is entered no earlier than six months after the date the responding party (called the Responder) is served with papers. Why six months? This is the waiting period created by the Legislature to encourage reconciliation. It is also a period where you can obtain all the financial information you need before entering into an agreement. Obviously, if you could get divorced as quickly as you can get married, our society would have greater problems than it already does.
After the initial Petition is filed, automatic temporary restraining orders (ATRO’s) kick in. They apply to both the PETITIONER and the RESPONDENT. Some examples of ATRO’s are the following:
1) cannot move minor children out of state
2) cannot take benefited party off of insurance
3) cannot transfer, convey, encumber,or conceal property
4) cannot create probate transfer without notice.
The purpose of ARTO’s, amongst other things, is to prevent parties from absconding with the children out of malice, and to waste all community assets in order to spite the other side
Filing and serving divorce papers is the first step. It is by far not the last step. To get judgement, you must keep going.
Attorney time: 5-20 hours ($1500-$6000)
Process Server: $40-$500
Court Costs: $400
Time Factors: Is the case new, or has it gone through several attorneys and collected 1000 boxes of documents? Is your spouse cooperative, or difficult to the bone, requiring private investigators to stake-out and serve him? Are there children? Are there properties? Have you reached any agreement about anything in your case?
By: Kelly Chang Rickert
Posted by Judith Gerhart on August 18, 2008 | Permalink | Post a comment
Topics: Divorce, Separation, Tips |
