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I want to know how to respond to the petitioner's attorney.My spouse has filed a divorce case in CA in Sept 2012.

Duluth, GA |

Later I asked his attorney that would he be willing to reconcile and stay together to which he replied as No.I observed in petition date of separation was wrong which I informed his attorney.His attorney is writing email to me if I am willing to waive off my rights and sign a legal agreement ,I don't want to sign any papers. What happens if I don't reply at all to the message ? or if I reply as No?.All my earning as a full time employee has been after my separation can they place a claim on my savings and 401 (k)it if I disagree to sign the agreement? my part time income while being in marriage was less than 500$.

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Attorney answers 4


The best advice I can give you is ---hire an attorney. Your questions are very general. An attorney can review them and help you resolve your issues.

We give 30 minutes free. Please don't wait to hire your lawyer.


If you don't answer the court will likely issue a default judgment. But you should not sign anything without having your own local attorney review the document.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


Since your husband filed for divorce in California, you should speak with a California lawyer. California is a community property state where Georgia is an equitable division state. There is a big difference. Equitable division simply means dividing things fairly. Community property generally means splitting everything 50/50. But, I am not a California attorney, so definately contact one out there. AVVO is a great reasource to use to contact a lawyer out there. I would not wait to contact a lawyer, because if you have been served with the divorce and have not filed an Answer, you could be waiving certain rights.

Jacquelyn F. Luther

Jacquelyn F. Luther


Additionally, you need to discuss with the California attorney how long you were in Georgia before your husband filed in California and whether or not your husband was living in Georgia or California and for how long before he filed in California. In other words the attorney has to figure out which state which the case should be in.


It is not clear whether the Petition has actually/officially been filed with the Court. If so, you need to file a response with the Court immediately. While you can do that yourself (as a pro se litigant), it is much better for you to hire a California attorney to at least prepare the response for you and assist you in filing it with the Court. At the very least, try to keep the line of communication open between yourself and your spouse or at least his attorney. But, do not sign any agreement or other document unless you fully understand what it says and agree with the details.

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