Legal Question in Family Law in California
petition for dissolution was filed August 2011, due to errors in filing, respondent was served 3 times, most recently in March 2012, default dissolution was entered May 4th 2012 and is finalized September 2012, why is there a 6 month waiting period from March? Does the August 2011 petition filing date not initiate this?
Asked on 5/10/12, 11:41 am
2 Answers from Attorneys
The six months does not start until proper service is effected.
Answered on 5/10/12, 2:24 pm
Anthony Roach
Law Office of Anthony A. Roach
The filing date is not controlling. The six months begins to run when the court acquires jurisdiction over the respondent, which is when the summons and petition are served, just as Mr. McCormick points out.
Answered on 5/10/12, 4:29 pm