Being served divorce papers can be overwhelming, leaving you with more questions than answers. One of the first things that might come to mind is whether or not you have to sign them. So, do you?

Well, the simple answer is no, you don’t have to sign the divorce papers when you’re served. But, as you can imagine, there’s more to it than that. Not signing doesn’t mean you can just ignore them without consequences. Let’s break it down.

Why Signing Isn't Mandatory?

First things first—getting served with divorce papers isn’t about you agreeing or disagreeing with the divorce. In fact, signing the papers simply acknowledges that you’ve received them.  You're not saying, “Yeah, I’m on board with all of this.” You’re just confirming you’ve been made aware of the process.

The divorce will move forward with or without your signature. It’s a legal process, so there are steps that will continue, even if one spouse is an unwilling participant. However, not responding or signing can have some serious repercussions.

What Happens If You Don’t Respond?

If you choose not to respond to the divorce papers, you’re opening the door to something called a “default judgment.” Essentially, this means the court could grant your spouse everything they’ve requested in the divorce because you didn’t formally respond. In California, you generally have about 30 days to answer the petition.

Here’s the kicker: by not responding, you lose your chance to have a say in critical decisions like child custody, child support, spousal support, and even how property gets divided.

Even if your spouse is asking for things that seem unfair, you won’t be able to argue your case if you don’t submit a response. And while the court won’t just rubber-stamp every demand due to the fact that whatever your spouse asks for has to be reasonable and backed by facts—it’s still not a situation you want to leave to chance.

What Are Your Options?

Now that we’ve established that you don’t have to sign, you might be wondering what you should do when those papers land in your hands. You’ve got a few different options:

File an Answer: This is a formal response to the divorce petition where you either agree or disagree with the statements made by your spouse. If there are parts of the divorce that you don’t agree with—like who gets custody of the kids or how the property is divided—you can make that known in your answer.

File a Counterclaim: Sometimes, you might want to make your own claims regarding things like property or child custody. In California, you can file what’s called a "counterpetition" to let the court know what you want out of the divorce.

Negotiate a Settlement: Divorce doesn’t always have to be a battlefield. Many couples are able to come to an agreement on their own terms, especially when they have legal help. A negotiated settlement allows both spouses to have input into how things like support, custody, and property are handled.

Contest the Divorce: If you disagree with the divorce entirely, it’s possible—but not very common—to contest it. Contesting is a complex process and usually only happens in cases where there are disputes over significant issues.

Each option has its pros and cons, so what’s best for one person might not be the best for another. That’s why getting legal advice is always a good idea.

Why You Need Legal Counsel

Even if you think you’re okay with the divorce, you should talk to a lawyer. Divorce law is complicated, and every decision you make now can affect your future.

A lawyer can help you fully understand what’s being asked of you in the papers, assist in gathering important financial documents, and help you avoid making mistakes that could hurt your case.

Having legal representation can also be crucial in negotiating terms that work for you, whether it’s about custody of your children, spousal support, or dividing up property. And let’s be real—no one wants to accidentally give up something important just because they didn’t fully understand the process.

Take Action Today

So, to sum it up: no, you don’t have to sign those divorce papers, but not responding is a risky move that could cost you big time. The best way to protect yourself and your future is to take those papers seriously, weigh your options, and get legal guidance.

If you’re feeling unsure or overwhelmed, don’t hesitate to reach out to a family law attorney who can walk you through the next steps and make sure your interests are fully protected.

At Holstrom, Block & Parke, we have years of experience helping clients like you understand their options and make informed decisions during a divorce. Contact us today at (855)-426-9111 to schedule an appointment and start protecting your future.