Domestic Partner Petition Response
If you have been served with a summons and a petition, you are the respondent in a court case for divorce or legal separation. Once served, in order to preserve your rights, you must file a domestic partner petition response.
When you are served, read the papers you have received carefully. The Petition tells you what the petitioner (your spouse or domestic partner) is asking for. The Summons gives you important information about your rights and the divorce or separation process. It contains some standard restraining orders limiting what you can do with your property, money, and other assets or debts. It also prohibits you or your spouse or partner from moving out of state with your children from your marriage or partnership, and from applying for a new or replacement passport for any of your children together, without the prior written consent of the other or a court order.
Options Once Served
Once you are served, you have several options:
- You can do nothing — which means that whatever your spouse or domestic partner is asking for in the Petition will probably be granted. The judge will base his or her decision about property, support, and custody and visitation (if you have children together) only on what your spouse or domestic partner has requested in the Petition. This situation is called a “true default” because you are “defaulting” by not responding and are not involved at all. In a “true default” you are giving up your right to participate in the case.
- You file a response with the court but also reach an agreement with your spouse or domestic partner about all the issues. If you choose this option, it is considered an “uncontested” case because you and your spouse or domestic partner are not fighting over the issues. You are agreeing to the terms of your divorce or legal separation.
- You can file a response with the court in which you disagree with what your spouse or domestic partner is asking for. This situation is considered a “contested” case since you and your spouse or domestic partner do not have an agreement and will need the court to make decisions in your case. If you decide to file a response, you have 30 days from the date you were served with the Summons and Petition to respond.
Domestic Partner Petition Response From
The following is the domestic partner petition response used in all California courts:
File Download (PDF File): fl123 – domestic partner response
California Courts for Filing
Domestic Partner Petition Response form to be used in the following California counties:
Los Angeles County CA
Orange County CA
San Diego County CA
Riverside County CA
San Bernardino County CA
Santa Clara County CA
Alameda County CA
Sacramento County CA
Contra Costa County CA
Fresno County CA
Ventura County CA
San Francisco County CA
Kern County CA
San Mateo County CA
San Joaquin County CA
Stanislaus County CA
Sonoma County CA
Tulare County CA
Solano County CA
Monterey County CA
Santa Barbara County CA
Placer County CA
San Luis Obispo County CA
Santa Cruz County CA
Merced County CA
Marin County CA
Butte County CA
Yolo County CA
El Dorado County CA
Shasta County CA
Imperial County CA
Kings County CA
Madera County CA
Napa County CA
Humboldt County CA
Nevada County CA
Sutter County CA
Mendocino County CA
Yuba County CA
Lake County CA
Tehama County CA
Tuolumne County CA
San Benito County CA
Calaveras County CA
Siskiyou County CA
Amador County CA
Lassen County CA
Del Norte County CA
Glenn County CA
Plumas County CA
Colusa County CA
Mariposa County CA
Inyo County CA
Trinity County CA
Mono County CA
Modoc County CA
Sierra County CA
Alpine County CA
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