QUESTION
How long from the time papers were filed until husband is served?
Asked on Feb 12th, 2013 on Divorce - California
More details to this question:
My lawyer said he filed papers Monday. How long until I can expect my husband to be served with the divorce papers?
11 ANSWERS
Child Custody Attorney serving Oklahoma City, OK
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Carla L. Robey-Harcourt Attorney at Law
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You need to ask your lawyer the method of service.
Answered on Feb 14th, 2013 at 8:56 AM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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The time of service depends on whether your husband tries to avoid service. A process server will attempt to serve your husband on the address listed on the Summons. Sometimes they will be able to perfect service, which means they have given your husband the Divorce papers, on the first try. Sometimes it can take weeks. If your husband does try to evade service, by hiding or refusing to open the door, the Clerk upon an Affidavit of Due Diligence will issue a Notice of Action for Publication. Good Luck.
Answered on Feb 13th, 2013 at 4:54 PM
This is a question you need to ask your attorney. It depends on how fast he gets the papers to the process server, and then how long it takes the process server to find and serve your husband. If you are concerned about knowing exactly when your husband will be served, ask your attorney to give you the phone number of the process server; then ask the process server to keep you informed as to when he is going to make a service attempt and when he actually serves your husband.
Answered on Feb 13th, 2013 at 4:53 PM
The sheriff has 30 days in which to serve your husband. From the date of service, your husband has 30 days to file his answer or appearance.
Answered on Feb 13th, 2013 at 9:21 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It depends on the means by which husband is being served, ie, a private process server will serve as soon as they can, a sheriff can take a couple of weeks. It also takes longer if your husband is not available for service when the server attempts.
Answered on Feb 13th, 2013 at 9:21 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Ask your lawyer.
Answered on Feb 13th, 2013 at 9:20 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Ask your lawyer.
Answered on Feb 13th, 2013 at 9:19 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on when the Court processes the papers. Once they go to the process server, the server has 20 days to get them served. If husband is not avoiding service he will be served within 20 days of when the Court sends them to their server.
Answered on Feb 13th, 2013 at 9:19 AM
John Arthur Smitten
Depends on the process server being used. Typically 2 weeks turnaround.
Answered on Feb 13th, 2013 at 9:19 AM
4 Awards
The answer to this questions varies from jurisdiction to jurisdiction. Some clerks of court process their paperwork faster; some sheriffs respond more slowly and process service requests more slowly. Your attorney should have a general idea, and an experienced attorney will be able to contact the civil process servers to get notice when something will be served.
Answered on Feb 13th, 2013 at 9:18 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Ask your attorney when he or she is sending the papers out for service, but keep in mind, just because he tries to get him served doesn't mean he will be successful right away, sometimes people avoid process servers or don't answer their door if they dont know who is there.
Answered on Feb 13th, 2013 at 9:17 AM