What happens if divorce papers do not get turned into the court on time?

Asked almost 2 years ago - Garden Grove, CA

Petitioner first served the divorce papers on 8/26/12. Due to an arrest & having no transportation or place to stay the respondent was only able have the petitioner served today on 9/25/12. I believe there is 30 days from being first served with divorce papers to fill out the response & have the person who filed served, then the papers turned into the court. The respondent has a bench warrant, & their next court date to appear on the 9/27/12. Would they be able to turn the papers into the court without being arrested or could they have someone else turn them in to the court or could they just fax them to the court? what would happen if the papers aren't turned in on time? is there any way to turn them in late?

Attorney answers (2)

  1. Tammi L Faulks


    Contributor Level 12

    Answered . The other side can request that the court enter a default judgment against you.

    Information on this website is for general information purposes only. Nothing on this or associated pages,... more
  2. Margaret Davalene Wilson

    Contributor Level 11

    Answered . Anyone can file the papers for him and pay the filing fee. Things don't automatically happen after the 30 days, the moving party has to file a request to enter default. Even if a default is entered it pretty easy for an attorney to get the default set aside but that will cost him money. It is best that he have the papers filed now. He can hire a Legal Document Assistant to file his papers for him or a courier service if he doesn't have a family member or friend that can do it for him. If you need to find an LDA you can go to CALDA.org

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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