Key Insights
If you’ve been served with divorce papers in San Diego, you only have 30 days to respond. That deadline matters. Missing it can lead to default judgments that affect your rights, custody, property, and finances. This blog explains what to do after being served with divorce papers in San Diego, breaks down the California divorce deadline to respond, and outlines the exact steps you should take to protect yourself, your family, and your future. Whether you’re feeling shocked, angry, or uncertain, understanding the process and acting quickly is the best way to regain control.
1. Understand What It Means to Be Served
When you’re served with divorce papers in San Diego, it means your spouse has officially filed for divorce and had the legal documents delivered to you. These documents typically include:
- A Petition for Dissolution of Marriage
- A Summons, notifying you of the legal action
- Standard restraining orders on assets and children
- A blank response form for you to complete
Being served with divorce papers in San Diego starts the legal clock so it’s important to understand the California divorce deadline to respond. If you miss it, the court may enter a default judgment without your input.
2. Know the California Divorce Deadline to Respond
You have 30 calendar days from the date you were served to file your official response with the court. This is known as the California divorce deadline to respond, and it’s not flexible. If you miss this window:
- Your spouse may move forward without you
- You may lose the right to contest custody, support, or property division
- The court may make decisions based solely on your spouse’s requests
This is one of the most important parts of what to do after being served with divorce papers in San Diego so it’s crucial to get your response in on time.
3. Contact a San Diego Divorce Attorney Immediately
After being served with divorce papers in San Diego, your next step should be to contact an experienced divorce attorney who understands California family law, as well as the local court system.
A San Diego divorce and family law attorney can:
- Review any paperwork and explain what it means
- Prepare and file your response before the California divorce deadline to respond
- Protect your rights regarding property, custody, and support
- Help you understand your legal options moving forward
Working with a local family law firm like Fair Cadora, APC ensures you’re guided by professionals who know exactly what to do after being served with divorce papers in San Diego.
4. Don’t Ignore the Papers or Delay
Some people panic or avoid dealing with the divorce papers. This is understandable, but can have consequences. Ignoring the paperwork does not stop the process. In fact, if you do not respond:
- The court can move forward without you
- A judge may grant everything your spouse asked for
- You lose the chance to share your side or negotiate a better outcome
The safest path is to act quickly. The California divorce deadline to respond gives you 30 days, but the sooner you act, the more control you have.
5. Gather Your Financial Documents
One key step in what to do after being served with divorce papers in San Diego is getting organized. The court will expect full financial disclosures from both spouses. You should begin gathering:
- Bank statements
- Tax returns
- Pay stubs
- Mortgage and debt records
- Retirement account information
Organizing your financial documents early helps your San Diego divorce attorney file a strong response and begin preparing for negotiations or court hearings.
6. Follow the Court’s Temporary Orders
When you are served with divorce papers in San Diego, the Summons usually includes automatic temporary restraining orders (ATROs). These apply immediately and may prohibit you from:
- Selling or transferring property
- Taking your children out of California
- Changing beneficiaries on insurance or retirement accounts
- Taking certain estate planning actions
Violating these orders can hurt your case so make sure you understand them and follow them closely.
7. Decide If You Want to File a Response or Default
You have options when responding to a divorce filing:
- File a response: This lets you participate in the process and share your position
- Default with agreement: If you and your spouse agree on everything, you may choose not to respond and instead submit a written agreement
- True default: If you do nothing, the San Diego court will likely enter a default judgment against you
The best way to decide what to do after being served with divorce papers in San Diego is to speak with a knowledgeable California divorce attorney who can guide you through the steps and help you decide the best path for you.
8. Consider Temporary Custody or Support Orders
If you need temporary child custody, spousal support, or visitation rights during the divorce, your attorney can help you file a Request for Order (RFO).
This is especially important if:
- You need financial help before the divorce is final
- You want immediate legal protections for your children
- You disagree with how your spouse is handling parenting time
Getting the right temporary orders in place early is often part of a strong strategy after being served with divorce papers in San Diego.
9. Protect Your Communications and Conduct
From the day you are served with divorce papers in San Diego, everything you say or do can be used in court. Be extra careful about:
- Posting on social media
- Texts or emails to your spouse
- Talking about the divorce in front of your children
Acting respectfully and responsibly protects your case and your reputation.
10. Get Legal Guidance
Divorce in California can be complex. The legal process, the California divorce deadline to respond, and the decisions you make in the first 30 days all matter.
That’s why knowing what to do after being served with divorce papers in San Diego is about more than paperwork. It’s about building a plan that protects your family, your finances, and your future.
Start Strong with the Right Legal Team
The first 30 days after being served with divorce papers in San Diego set the tone for your entire case. Missing the California divorce deadline to respond or waiting too long to act can limit your options.
At Fair Cadora, APC, we help clients navigate divorce and family law matters. If you’re unsure what to do after being served with divorce papers in San Diego, start by contacting our team. Our San Diego divorce and family law attorneys will review your situation, explain your options, and help you move forward on solid legal ground. Contact us today to schedule a consultation.
Education: J.D., Santa Clara University School of Law
Years of Experience: 17+ years of high level divorce experience
Lauren M. Fair
Managing Attorney at Fair Cadora
Lauren Fair is a Certified Family Law Specialist dedicated to resolving family law matters through mediation and other out-of-court solutions that reduce conflict while protecting clients’ rights and their children’s well-being.
She has extensive experience handling divorces involving high-net-worth estates, prenuptial agreements, military divorces, complex custody disputes, and international enforcement cases.
