Avoid Extra Fees: Skip Filing a Response in Your Los Angeles Divorce Case
Divorce proceedings can be stressful and costly, especially when unexpected fees start piling up. One common misconception that often leads to unnecessary expenses is the belief that you must always file a formal response when served with divorce papers. In reality, there is a middle ground that can save you money and hassle—doing a default with agreement, which is essentially the same as an uncontested divorce but without the need to file a response. In this article, I’ll walk you through why skipping the response filing can be a smart move, how it works, and when you absolutely must file a response to protect your rights.
As someone who has helped many clients navigate the divorce process in California, I’ve seen firsthand how clients can save both time and money by understanding their options. Let’s dive into the details.
Understanding the Default with Agreement Option
When you’re served with divorce papers, the standard procedure is to file a response within 30 days. This response lets the court know you intend to participate in the case and lays out your positions on the issues. However, filing this response usually involves paying an additional fee, which can add up quickly.
To avoid this, I often recommend what’s called the “default with agreement” option. This is a process where no formal response is filed, but both parties have agreed to the terms of the divorce. Essentially, it’s like an uncontested divorce where both spouses are on the same page, but you don’t have to pay the extra fee for filing a response.
This approach works well for amicable couples who don’t have disputes over property, custody, or support. It’s a way to streamline the process and save money without compromising your legal standing.
How Default with Agreement Differs from Other Options
- Uncontested Divorce: Both parties agree to everything, and a response is filed to formalize this agreement.
- Default with Agreement: Both parties agree, but no response is filed, avoiding the extra filing fee.
- Contested Divorce: One or both parties disagree on terms, and responses and possibly court hearings are necessary.
By choosing the default with agreement, you’re essentially saying, “We agree, so let’s keep this simple.” It’s a strategic choice that can save you from unnecessary fees and paperwork.
Why You Don’t Always Need to File a Response
Many clients worry that if they don’t file a response within 30 days, they’ll face severe consequences like default judgments or losing their rights. While it’s true that failing to respond can lead to a default, the default with agreement option is designed to eliminate that risk when both parties agree.
Here’s how I explain it to clients: “We purposely don’t have our clients file a response. Instead, we do the default with agreement, which is identical to uncontested but for no response being filed. It’s kind of the middle ground.”
This means you don’t pay the second fee to file a response, but you’re still protected because the agreement between both parties prevents the case from becoming contested. It’s a smart way to avoid extra costs while keeping the process moving forward.
When Filing a Response is Necessary
There are situations where filing a response is unavoidable, especially if you want to protect your rights or if the other party hasn’t agreed to the terms. For example, if you’re served and there are issues like child custody, property disputes, or support disagreements, you may need to file a response promptly to avoid being defaulted.
In some cases, the timeline is even shorter. For instance, if you’re served and don’t file a response within three days, you risk a default judgment being entered against you. In these situations, filing a response is critical to ensure your interests are represented.
But even then, filing a response doesn’t necessarily mean your divorce is contested. Sometimes, it’s just a precautionary step to keep the case moving while negotiations continue.
Common Concerns About Not Filing a Response
Clients often express worry when I suggest skipping the response filing because the summons explicitly states the consequences of not responding within 30 days. This is a valid concern, and I always reassure my clients:
“If you want to file the response, we can do that. I don’t charge extra for it—you would just pay the extra fee and we’ll file it.”
Filing the response is an option, but it’s not mandatory if you’re opting for the default with agreement route. It’s about making informed choices based on your case’s circumstances.
Why Some Clients Still Choose to File a Response
Despite the advantages of skipping the response, some clients prefer the peace of mind that comes with officially filing one. This can be because:
- They want to officially acknowledge the case within the court system.
- They are unsure if the other party will honor the agreement.
- They want to keep their options open in case disputes arise later.
In these cases, I accommodate their preferences and file the response, ensuring they understand the extra fee involved.
How to Decide the Best Approach for Your Divorce
Choosing whether or not to file a response depends on your specific situation. Here are some factors to consider:
- Level of Agreement: Are you and your spouse in full agreement on all divorce terms? If yes, default with agreement is a great option.
- Complexity of Issues: Are there disputes over child custody, support, or property? If yes, you may need to file a response.
- Risk Tolerance: Are you comfortable proceeding without formally filing a response, trusting the agreement will hold? Or do you prefer the security of filing?
- Legal Advice: Have you consulted with a professional who can explain your options and risks? This is always recommended.
By weighing these factors carefully, you can make a decision that saves money and avoids unnecessary stress.
Additional Tips to Save Money in Your Divorce
Beyond skipping the response filing fee, there are other ways to reduce costs during your divorce:
- Use Mediation: Instead of court battles, mediation can help you reach agreements faster.
- Prepare Documents Yourself: Where possible, fill out forms and gather documents on your own before consulting a lawyer.
- Stay Organized: Keep track of all paperwork and deadlines to avoid costly mistakes.
- Communicate Clearly: Open communication with your spouse can prevent misunderstandings and delays.
Divorce doesn’t have to drain your finances. Smart choices and professional guidance can make the process smoother and more affordable.
Conclusion: Simplify Your Divorce by Skipping the Response Filing Fee
Filing a formal response to divorce papers is not always necessary, especially when both parties agree on the terms of the divorce. The default with agreement option offers a practical middle ground that mirrors an uncontested divorce without the extra cost of filing a response. This approach saves you money, reduces paperwork, and helps your case move forward efficiently.
However, it’s crucial to understand when filing a response is required to avoid default judgments and protect your rights. Consulting with a knowledgeable divorce professional can help you navigate these decisions with confidence.
Remember, the goal is to minimize unnecessary fees and stress while ensuring your divorce proceeds smoothly. By choosing the right path—whether that’s skipping the response or filing one—you can take control of your divorce journey and save both time and money.
If you’re going through a divorce in California and want to explore the best options for your case, consider reaching out for a free consultation. Understanding your choices upfront can make all the difference.
About the Author: Tim Blankenship of Divorce661 provides full-service divorce solutions for amicable couples in California. With years of experience, Tim helps clients save money and navigate the divorce process with ease.
