Legal Question in Family Law in California

can i be divorced

do i have to be served or notified if i am being sued for divorce and can it be finalized without me being notified


Asked on 5/07/03, 6:24 pm

3 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: can i be divorced

Yes, typically you must be personally served. However, in some instance it is permissible to serve you "via publication", which means placing a copy of the summons in a newspaper which you likely would never see.

Once you are considered to be served, you must file an appropriate, timely response. If you do not, the Petitioner can proceed "by default".

I can explain the issues and procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 5/08/03, 1:02 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: can i be divorced

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You have a right to "notice" and an "opportunity to be heard." The court will require that a "Proof of Service" is filed before going forward with the divorce.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 5/08/03, 2:09 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: can i be divorced

You have to be served with service of process. This is usually done personally, but there are circumstances in which the Court will make an order permitting you to be served by publication in a news paper.

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 5/07/03, 6:30 pm


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