QUESTION
I’m in San Diego, my spouse filed a response to the divorce petition but I have not been served yet is there a limit?
Asked on Oct 06th, 2012 on Divorce - California
More details to this question:
Is there a time limit to serve response papers to a divorce petition in San Diego? My spouse responded and filed with the court but has not served me yet.
7 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You should get on with your case. The judge will not give a default if your ex filed a response, but did not send you a copy. It sounds like you know about the situation and you should file for a hearing, support, custody or trial to end the marriage.
Answered on Oct 15th, 2012 at 5:25 PM
Michael Paul Vollandt
Well you can go to the court house and get a conformed copy of the Response. You can continue to go though the hoops and continue on you case.
Answered on Oct 09th, 2012 at 8:17 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If you want your case to move forward, I would not sit on the fact you have not been served. I have had this happen, and the court is not likely to grant a request for default. It may be time to hire an attorney to make sure your case continues to move forward.
Answered on Oct 09th, 2012 at 8:16 PM
If she filed her response, you may want to get a copy from the Court file. Don't rely on not being served her response. It will only delay the process. Do what you need to do in order to move forward.
Answered on Oct 09th, 2012 at 12:33 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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Yes, under Code of Civil Procedure section 1005(b) the response must be served on you at least 9 court days before the hearing. Up until that point she is welcome to delay it.
Answered on Oct 09th, 2012 at 12:33 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes a response should be filed and served within 30 days of being served with the petition. Sounds like you need to go to the Court and get a copy of the response so you can see what it says.
Answered on Oct 09th, 2012 at 12:31 PM
You should have been immediately served with the Response since it only requires that it be mailed to you. You should get a copy from the court so that you can continue to move the case along.
Answered on Oct 09th, 2012 at 12:31 PM