Legal Question in Family Law in California
In a California divorce, what happens if the respondent files their response with the court within 30 days, but does not serve the petitioner within that 30 days?
Asked on 6/05/12, 2:07 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
Most likely nothing. Paperwork filed with the court should be accompanied by a proof of service of a copy of the document on the opposing party. So it should have already been served. Some court clerks won't accept paperwork that is not accompanied by a proof of service on the opposing party, and some accept it for filing but service becomes an issue later.
Answered on 6/05/12, 8:19 am
BARRY BESSER
LAW OFFICES OF BARRY I. BESSER
Mr. Roach is correct. The bottom line here, is that once the Response is on file, the Petitioner cannot proceed by way of a default.
BARRY BESSER
www.besserlaw.com
Answered on 6/05/12, 10:57 am
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