Legal Question in Family Law in California

If divorce papers have been filed but not served, how long until the papers are dropped from the court system on their own?


Asked on 7/02/10, 3:23 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The papers do not get dropped. What is supposed to happen is that the court sets an Order to Show Cause (OSC) against the petitioner to determine why the summons and petition have not been served. Family law cases are excluded from what are known as fast track time standards.

This would mean that the petition is governed by the older rules. Failure to serve the summons within 3 years after commencement of the action is ground for mandatory dismissal. (Code of Civil Proc., sect. 583.210.) There are exceptions to application of this rule.

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Answered on 7/02/10, 8:34 am


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