How can I file a divorce response if we need more time? 6 Answers as of July 28, 2011

We are trying to handle divorce on our own, what if we are still in negotiations over the division of community property close to the 30 day deadline? What do I put on the Response if we just need more time to come to an agreement?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Whether or not you are "near" settlement, you should timely file a Response. Nothing special needs to be stated in the Response regarding the fact that you (believe that you) are near settlement. You should seek all appropriate relief in your Response. You should consult with an experienced Family Law Attorney to assist you with the preparation of your Response.
Answer Applies to: California
Replied: 7/28/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
A Response to the Petition form is merely a response to the Petition. You do not need to have the case or any issue settled when you file a Response. Simply fill out the requested information and if you do not know how to respond, then consult with a Family Law Attorney. In Los Angeles, the 30 day deadline is pretty flexible and not a "drop-dead" deadline, especially if you have consent and communications with the other side regarding an extension of time to respond. The dissolution of your marriage can be a very strenuous time and it is important to seek help from a Family Law Attorney when you have a complicated case. Good luck.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You do not need to have a final determination on the division of property in order to file a Response. You may file the Response with general language stating separate property is, "All property acquired prior to the date of marriage, after the date of separation and during the marriage by gift or by inheritance, the exact nature and extent of which is unknown at this time" and indicate that, " The specific nature, extent and location of community assets and obligations are presently unknown to Respondent." This will give you time to either come to an agreement or learn that you are unable to agree as to the division of property. If you continue to have questions, you may wish to contact a family law attorney to assist you in preparing and filing a Response on your behalf.
Answer Applies to: California
Replied: 7/27/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Send an email to your spouse requesting a continuance of a reasonable amount of time you may need to respond, such as 30 or 60 days. Keep a copy of your continuance request, and if your spouse does not agree to it, then you can have any default he she may request vacated or set aside for failure to grant a reasonable continuance. Please note that a court will not care if you file a late response, AS LONG AS YOUR SPOUSE DOES NOT SEEK A DEFAULT. I.e., the court will not do anything if you don't respond in 30 days, such as prohibit you from filing a later response. As long as your spouse doesn't try to take your default, it's a moot point. And, as touched on above, a default taken in bad faith or without notice can be set aside. Call a local family law lawyer if you need more assistance. Good luck!
Answer Applies to: California
Replied: 7/27/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You put that information in the response. However, once you file the response you will have plenty of time to work out the agreement and file a marital settlement agreement with the judgment.
Answer Applies to: California
Replied: 7/26/2011
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