QUESTION
What if my spouse did not get served with divorce papers within the 30 days of filing?
Asked on Jun 07th, 2011 on Child Custody - California
More details to this question:
I filed for divorce on 05/07/2011 and submitted my papers to be served to my ex-spouse on 05/21/2010. However, he has not been served yet and it is now past the 30 days I had to serve him. What happens now and how does this affect me?
4 ANSWERS
Patricia C. Van Haren
You do not have to serve him within 30 days. Your spouse has 30 days from the date he is served to respond.
Answered on Jun 13th, 2011 at 9:33 AM
Bankruptcy Attorney serving Huntington Beach, CA
at
The English Law Firm
Update Your Profile
There is not a 30 day limit to serve your spouse. Your spouse has 30 days to respond once they are served. Eventually, the court can dismiss your action if it is not served, but that usually takes quite a long time to reach that point.
Answered on Jun 09th, 2011 at 10:57 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You have more than 30 days to serve the other party. The other party has 30 days to file a response once they are served. I think you might be a little confused. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 09th, 2011 at 10:16 AM
There is no rule that says you have to serve the other party within 30 days of filing the petition for dissolution of marriage. You are probably confusing this with the 30 days that the other spouse has to file a response once he/she has been served with the necessary documents. You may go ahead and have him served.
Answered on Jun 09th, 2011 at 10:09 AM