Legal Question in Family Law in California
My ex filed for divorce in October 2006, but didn't serve me with the papers. Then, he filed a temporary restraining order and served me with it, which we went to court over, and he dropped the restraining order, yet we did meet with a mediator to settle child custody in March 2007. He has never served me with the divorce papers, yet they are showing as filed on the case summary. No proof of service has been filed, either. The restraining order is on the same case as the divorce. This case is in LA county. Since I am the respondent, what can I do to finish my divorce?
1 Answer from Attorneys
You can obtain a copy of the filed papers from the court clerk. You will need to figure out which courthouse they were filed in and get them there. Once you have them you are free to respond without being served. You should pick up a copy of "How to Do Your Own Divorce In California" by Nolo Press. It will have the state-wide forms you need and step by step help for getting through the process. You should then immediately file for temporary orders to change custody if you want to try that, establish child support, and any other orders that might be necessary pending finalizing the divorce. You will then need to check with the family law facilitator at the court for the local procedures for getting a case that has been filed and responded to on the calendar for trial. Now by trial we don't mean a Perry Mason ten-day thing. If the divorce is uncontested, it can be done in less than an hour. If the parties stipulate to all the terms of the divorce, it can usually be done just on paper without ever going to court. Again, the family law facilitator can help you with the local process. If your husband suddenly decides to fight about things once you get this moving, you may need to consult with an attorney, but you can cross that bridge if you come to it.