Legal Question in Family Law in California
Invalid proof of service
I filed for divoce back in 2002 and have filed all documents at that time. The final judgement paperwork has been returned to me over and over and the court doesnt state very much info on what is wrong. I have found out finally that the problem is that the process server never put his address and phone number on the original proof of service.
I am unable to locate the server to submit an ammended proof of service. so my question now is, do i have to reserve, if I do, do i have to fill out the paperwork again with information from now or reserve the papers originally filed back then. also, regarding the 6 month period, does that start again?
Please help as i dont have the funds to pay a layer just to answer the question.
2 Answers from Attorneys
Re: Invalid proof of service
Hiring a professional processor server will reduce the possibility of problems in the future. Also have the her default entered as soon as the 30 days to respond have run. Then you will know if the service has been done properly soon enough to remedy any problems.
Re: Invalid proof of service
It sounds like you need to serve your spouse again with the papers for divorce. This way you can make sure that the proof of service was done correctly. This will toll the six month waiting period again though.
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