What Happens After California Divorce Papers Are Served?

You’ve just received your divorce papers and with a  bunch of emotions swirling around, you may not be thinking clearly right now.  But did you know that the receipt of these papers requires that you may not take certain actions?  

Here is the list of temporary court restraining orders that are contained in the Summons when your divorce papers are personally served on you in California: 

(1) You may not remove a minor child [a child under 18 years old] of both parties from the state. This only applies to children who are presently residing in California.  It does not require any parent who has already moved out of state with a minor child to return to California.   

(2) You may not apply for a passport or a replacement passport for a minor child of both parties without the permission of the other party (parent) or a court order.  

(3)  You may not cash, borrow against, cancel, transfer, dispose of,  or change the beneficiary of  any insurance or other coverage, including life, health, auto, and  disability insurance that is held for the benefit of the parties and their minor children.  

(4) You may not transfer, encumber [borrow against], hypothecate [pledge money for a specific purpose], conceal, or in any way dispose, of any property, real [real estate] or personal [all other property], whether community, quasi-community, or separate without the prior consent of the other party or a court order, except in the ordinary course of business or for the necessities of life.
  
(5) You may not create a nonprobate transfer, or modify a nonprobate transfer, in a manner that affects the disposition of property subject to the transfer without the prior consent of the other party or a court order.  Before a revocation of a nonprobate transfer can take effect, or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.  

(6)   You must notify the other party at least five business days in advance of any extraordinary expenses before paying these expenses, but this does not apply to the payment of  attorneys’ fees or court fees, nor does it apply to the necessities of life, such as food, shelter, clothing, etc.   

Additionally, you have 30 days to file a response to the papers requesting a dissolution or the court can enter a default judgment against you.    

If you’ve recently been served with a Summons for a Family Law dissolution, it is highly suggested that you retain an experienced Family Law attorney as quickly as possible.  If you cannot afford to retain a private attorney, look into low-cost legal services that are provided by some law firms or seek out private attorneys who will consult with you on the case, and even prepare some forms for you as needed, which is called unbundled legal services.  

At very least, obtain a good book that explains how to prepare your own case and seek assistance from the Family Law Facilitator at your local court house, as well as the local law library.  Although librarians who are not licensed lawyers, cannot give you legal advice, they can point you to all the information you need to prepare your case.  

Additionally, if you have young children, watch some of the videos on You Tube by the children of parents getting divorced. These children continually ask their parents to keep them out of the disagreements and try to remain friends and maintain civility throughout the process.  This will open your eyes and serve as a reminder to always remain cool even when you want to explode.  

Best wishes,  

copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

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