Legal Question in Family Law in California

I file a petition for divorce which goes in to default in 30 days, is that calendar days or business days?


Asked on 7/28/11, 7:50 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It's calendar days, and it does not run from the date of filing. It runs from the date you serve the other spouse with a summons and a copy of the petition for dissolution.

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Answered on 7/28/11, 8:26 am

Mr. Roach is right, and I would add that you cannot personally serve them, nor mail it to them. Service of summons can be tricky. If your spouse will not cooperate in accepting service, you should contact a professional process serving company. It's a fairly cheap investment in avoiding a lot of time and trouble with messed up service and motions to quash service and set aside a default.

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Answered on 7/28/11, 10:06 am


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