Legal Question in Family Law in California

I filed for dissolution of marriage and my sister served my Ex with the petition.

I didnt file a "proof of service" and theres a hearing scheduled for "non proof of service".

Is there a time limit on filing the proof of service?

Would the form "FL-115" Proof of Service of Summons be enough to satisfy

my need to file proof of service?

your assistance is very much arppeciated

Thank you


Asked on 7/28/10, 3:07 pm

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

The FL-115 is the correct form. You should have it filled out, have her sign it, and file it before the hearing. It would be too late if the court dismissed your case, because then you would have to move to set aside the dismissal, or refile and pay more filing fees.

Some courts are applying "fast track" rules to family law cases, and expect the summons and complaint to be served within the 60 day period after you filed the petition. Some are not, and dismiss it after the mandatory three (3) year period has run.

Many courts will take an OSC re: service off calendar if a proof of service is filed before the hearing.

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Answered on 8/02/10, 4:59 pm


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