Legal Question in Family Law in California

I have been served with CA divorce papers and the 30 day deadline for Response is approaching. We are hoping to enter a Marital Settlement Agreement, but we haven't finished the agreement, and I don't want to give up any rights. I understand that I must file a Response so as not to go into Default and give up my rights, but must I fill out all the information concerning debts and assets (separate and community)? Could I simply note our intent to file a Marital Settlement Agreement with the court and my plan to provide additional financial information prior to trial if we are unsuccessful with our MSA? Is there anything else that I should be aware of concerning my Response given my situation?

Thanks!


Asked on 6/03/10, 9:06 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You really should consult with an attorney, and not do it yourself. In your effort to save a few hundred dollars, you could stand to lose a lot more. Both spouses need to comply with disclosure requirements. There is law that states one spouse can set aside a marital settlement agreement if disclosure has not been made, or if the disclosure is incomplete. Second, you need to identify the property that is subject of the dissolution proceeding, so that the other party does not come back later for amendments to the MSA or decree. The form for listing that in your response is FL-160. That form makes it clear that if it is part of the petition or response, you do not have to set forth values or the proposal for division.

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Answered on 6/04/10, 9:29 am


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