QUESTION
I live in California and my 30 days to respond to divorce petition is up tomorrow but I don't think I was properly served
Asked on Oct 13th, 2015 on Divorce - California
More details to this question:
My wife initially served me the divorce petition on June 9th but is was very incomplete and she personally handed it to me at our sons school with no witnesses. She realized the court wouldn't accept that so four months has gone by and she called yesterday and asked if I was going to respond. I said "to what?" And she said the divorce petition her attorney told her to serve me. But, all she did was tell me she was going to bring some mail and other paperwork to my office. The next morning when I arrived at work there was a stack of mail, some school paperwork for our son,etc. Apparently, she gave the papers to the mailroom guy at our work and asked him to sign that he would deliver to me. I honestly had no idea the divorce petition was in the stack and that was my official service.......the petition weax the exact same one she personally handed me back in June. That's not fair, right? And that has to be improper service, right?.
1 ANSWER
Family Law Attorney serving Suisun City, CA
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Law Offices of Russo & Prince
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She didn't handle the service well, to be sure, if for no other reason than the fact that she isn't allowed to sign the proof of service. She needs to have a third party perform the service. Even a substituted service. However, what's the point? She wants a divorce. The courts won't prevent her from getting one. The question is, do you want her to go to court and get orders without your knowledge or participation that will impact you? Or do you want to participate? If she takes your default, you could move to have it set aside, but why not just file a response and prevent her from being able to take your default. If her petition is deficient that is much more likely to harm her than you. If she proceeds to a default judgment, that judgment could contain orders for child custody, visitation, child support, spousal support, property and retirement division, etc... It is not a good idea for you to refuse to participate just because your wife has been sloppy with initiating the case.
Best of luck to you.
Answered on Oct 13th, 2015 at 10:33 AM