QUESTION
Will the proof of service affect the 6 month waiting period for divorce?
Asked on Mar 20th, 2015 on Divorce - California
More details to this question:
My proof of service of my divorce papers was rejected due to the fact I learned that I cannot serve the papers myself. So I have to redo my POS.
6 ANSWERS
The six months begins to run when the other party is legally served.
Answered on Mar 24th, 2015 at 2:29 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes, the 6-month time runs from the time that the Court obtains jurisdiction over Respondent which is usually done at the time (s)he is served. Your post is botched; the service, NOT the proof of service, is the problem.
Answered on Mar 24th, 2015 at 2:29 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The actual date of service is what triggers the 6 months period. So if service was defective then the 6 months has not starting running. Remember also that the 6 months is not automatic, you must filed all the required papers and the divorce is only final when the Judgment is entered by the Court.
Answered on Mar 24th, 2015 at 2:25 PM
Yes. The six months runs from the date the other side is properly served with the papers.
Answered on Mar 23rd, 2015 at 9:17 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, in California, the first day you are eligible for a divorce is six months and one day after she is properly served. If she files a Response before you get her properly served, the court will use that as the starting date.
Answered on Mar 23rd, 2015 at 9:08 PM
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Yes it will affect the 6 month period. It would be 6 months from the earlier of either proper service or if your spouse files a response to the divorce.
Answered on Mar 23rd, 2015 at 10:27 AM