Legal Question in Family Law in California

"I am filing a divorce here in California. My husband is in the Philippines, weve been separated since 2004, I am getting the divorce since I want to marry my present boyfriend. My husband has agreed because he is also presently in a relationship. We have one son who lives with him back in the Philippines. We have no problems with custody and support--nor do we have any properties to settle.

I was advised to send him the service documents after filing the petition. How does one go about my situation? I also heard once you filed for divorce here in Ca, the papers just sit for 6 months till the judgment is served. Is this true?

Also, I have the papers drawn last February when I was still residing in Tracy, Ca (So the forms was addressed to the San Joaquin County Court) But I am now residing in Castro Valley which is in Alameda County, can I use the same forms?

I need advise thanks."


Asked on 6/05/10, 5:59 pm

1 Answer from Attorneys

If he is agreeable, you can serve him by Notice and Acknowledgement of Receipt. The form to send with the papers is available at courtinfo.ca.gov/forms You send it with the papers, and he signs it and sends it back. Then you file it with the court and then service on him is complete.

There is a six months waiting period after he is served before a final judgment can be entered. The six months is a minimum, however. Unless after six months you file papers for a judgment, nothing will happen.

If the papers were actually filed in San Joaquin County, they are still good. Once a case is opened in one county it continues there even if you move, unless you get a court order moving the case. If the papers have not yet been filed and no papers opening a case have been filed in any county, then you need to revise the papers for Alameda County and file in Hayward.

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Answered on 6/08/10, 2:09 pm


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