Why Filing a Divorce Response Might Not Be Necessary in Amicable Cases
Tim Blankenship here with Divorce661.com, and today we’re diving into a question that often comes up: why would you file a divorce response when you and your spouse are on good terms? This is a common inquiry, especially among couples looking to navigate the divorce process amicably. Let’s explore this topic and clarify what you really need to know.
The Basics of Filing a Response
When you receive divorce papers, the typical assumption is that you must respond. The form you would use for this in California is FL-120. If there are minor children involved, you would also need to file FL-105. But here’s the kicker: if you’re in an amicable situation, filing a response may not be necessary at all. Why? Let’s break it down.
Understanding Amicable Divorces
In an amicable divorce, both parties generally agree on the terms of the separation. This includes issues like property division, child custody, and support arrangements. If you’re both on the same page, the need to file a response diminishes significantly. In fact, filing a response in these cases could lead to unnecessary costs.
Cost Implications of Filing a Response
One of the main reasons to avoid filing a response is the financial aspect. When you file a response, it triggers additional court fees. In California, both parties typically pay a filing fee when initiating and responding to divorce proceedings. This can add up quickly, especially if both parties are amicable. Instead of incurring these costs, we often recommend a different approach.
Alternative Approach: Default with Written Agreement
At Divorce661, we have developed a streamlined process for amicable couples. Instead of filing a response, we file the initial petition and then proceed to complete the case as a default with a written agreement. This method saves our clients money and simplifies the process significantly.
What Does a Default with Written Agreement Look Like?
When we handle cases for mutual amicable clients, we file the petition, which does incur a fee, but we do not file the response. This allows us to finalize the case without additional costs associated with a response filing. The default with a written agreement is straightforward. Both parties agree on the terms, and we document that agreement for the court. This way, you avoid unnecessary fees while still achieving a fair resolution.
When Filing a Response Might Be Necessary
While we advocate for the default with a written agreement in amicable cases, there are situations where filing a response could be warranted. For instance, if there are disputes over specific terms or if one party is not fully in agreement with the proposed terms, filing a response can protect your rights and interests. It’s essential to evaluate your unique circumstances before deciding.
What If You’re Unsure About Your Agreement?
If you’re uncertain about whether to file a response or proceed with a default, it’s always a good idea to consult with a legal professional. An experienced divorce attorney can provide valuable insights and guide you through the process, ensuring that you make the best decisions for your situation.
Conclusion
In summary, if you find yourself asking what forms to file in response to a divorce petition and you have an amicable situation, consider whether filing a response is necessary. Often, it’s not. By taking advantage of the default with a written agreement, you can save money and simplify the process. Remember, every divorce is unique, so assess your situation carefully. If you need assistance, don’t hesitate to reach out to us at Divorce661.com for a free consultation.
Thanks for reading! I hope this information helps clarify the steps you need to take in your amicable divorce. Reach out if you have any questions or need further assistance.
