Legal Question in Family Law in California

Filing of petition, response

On 6/3/01 my husband & I saw an attorney to file for legal separation. He lives in another county, we did this in the county I reside in. Although we went together and said we did not want to fight, the attorney put husband as petioner and I as respondent. It is now 8/23/01 and I have not been served. In the mean time I have had no money from him as he agreed in atty's office, and rec'd may calls from atty's office as to how they might reach husband. He was not returning their calls and did not mail info needed to file and money owed. Husband said he has taken care of this matter and no work from attorney tells me this if true. Since I have not been served and donot know which county, if either at this point, may I go ahead a file with different attorny for same? How can I find out if petition has been filed?Is it true petitioner usually comes out best in the end? Thank you.


Asked on 8/23/01, 6:34 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Filing of petition, response

To file a petition for dissolution of marriage one party must be listed as the petitioner and the other as the respondent. This must be done even if the parties have agreed upon the terms of the property distribution, child custody and visitation, assuming there are minor children, and support.

The petitioner is not served with the summons and petition for dissolution. The purpose for requiring personal service of the summons and petition on the respondent is to insure that the respondent knows of the petition and has an opportunity to respond. The petitioner is initiating the action and is therefor aware of the petition for dissolution of marriage.

Telephone or meet with the attorney and request

You should meet with the attorney and obtain a copy of the petition. Even if your husband has not paid the attorney and the fees you have a right to a copy of the petition. You should also have the attorney explain the status of your case, that is has the petition been filed, where they have tried to serve your husband. Then provide the attorney the information required to serve your husband with the summons, petition and notice of a hearing to set support.

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Answered on 8/27/01, 1:16 pm


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