Legal Question in Family Law in California

I live in San Luis Obispo County in California. I have been married for 10 years. October 2009 my husband got a full time job offer in Avila Beach, CA. We moved 300 miles. Since we moved I resigned from my jobs since there was not office where I could transfer. Now, my husband is angry at me since I have not found a job yet! Today he gave me a notice that HE is suing me. He posted it in a local paper, theNewTimes, www.newtimesslo.com in San Luis Obispo County! He is demanding that I move out of our apartment. The lease is in both our names. My question? Do I need a lawyer to respond to the Summons (Family Law)? It says I have 30 days to respond? The bottom of the notice says NOTICE TO THE PERSON SERVED March 11, 18, 25, and April 1, 2010. He gave a copy of from the paper on April 6, 2010 this morning. Does my 30 days start from April 1 or March 11? Thanks so much


Asked on 4/06/10, 11:12 am

1 Answer from Attorneys

You have a very confusing situation. It sounds like your husband tried to serve you by publication, but you can't do that without a prior court order, and you can't get the court order without proving you tried to personally serve the court papers on the other person and couldn't locate them. So it sounds like his service of the Summons is not valid at all. He certainly cannot serve you by handing you a copy of the newspaper notice. Did he give you a copy of the Petition for Dissolution of Marriage? If not, you have nothing to respond to. Bottom line, it sounds like he has completely misunderstood the law about initiating a divorce proceeding and has fouled up service completely. HE is the one who needs to get some guidance from a lawyer. It's probably not a bad idea that you get one to, since it sounds from your story like he is obligated to support you until you can get on your feet, and it doesn't sound like he's willing to do that voluntarily at this point.

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Answered on 4/11/10, 11:54 am


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