Legal Question in Family Law in California
Dissolution of Marriage
If dissolution of marriage summons and complaint is improperly served what action should the respondent take or not take?
2 Answers from Attorneys
Re: Dissolution of Marriage
I would just respond to it, but make a note of it in your response to any OSC. The action is going to happen anyways. You might as well move forward.
Re: Dissolution of Marriage
The Respondent should immediately file for a TRO and a move-out order, for sole legal and physical custody of all childeren, and a Response. What the Respondent should NOT do: 1. Bury head in sand and pretend this will just go away. 2. Not file a response, let the Petitioner get orders pertaining to custody, support, and division of assets and debts, wait for wages to be attached and bank account to be emptied, and then bring a motion to vacate the judgment and orders because of improper service.
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