Legal Question in Family Law in California
filing?
I have some questions about divorce. I know it might sound dumb but I am new at all this. What is meant with filing for divorce? What is filing? Is it when I take all the papers filled out to the court and pay the fees? Or can I say is filed after like lets say 30 days, two months etc.? After how long after taking the papers to the court can I say they are filed? Thanks
2 Answers from Attorneys
Re: filing?
The papers are filed when the court clerk puts the court stamp on them, usually at the time you present them at the window.
Re: filing?
Filing the papers with the court does nothing more than open a file with the court. You must serve the papers on the other party. That party then has 30 days to file a response or answer. Nothing will happen unless you take action and push the case forward.