Legal Question in Family Law in California

I live in the state of California and my husband lives in the state of Oklahoma. We've lived apart for about 6 years now but have decided to file for divorce finally. We agree on the terms and I have the necessary forms completed for a divorce in the state of California, Los Angeles County. However, I need to find out if I have to formally server my husband even though we agree on all terms and our divorce is uncontested.


Asked on 5/22/12, 4:35 pm

1 Answer from Attorneys

You must serve him. The court does not have jurisdiction over him if he is not served. If he is cooperative you can serve him by Notice and Acknowledgement of Receipt. Because he has been out of state so long, the court may still not have jurisdiction over him just by service. So if you agree on everything it would be FAR better if he filed the Judicial Council Form "Appearance, Stipulations and Waivers" after he is served. You can then submit an agreed judgment, preferably with some form of settlement agreement attached.

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Answered on 5/22/12, 5:21 pm


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