Legal Question in Family Law in California

Proof of Service Mistake

I served my husband w/out realizing that I (myself) could not be the one to serve him. This is an uncontested divorce w/no minor children and no property to dispose of because we have been separated for 20 years. I'm about to fill out the papers to Enter Default. Now I find out my mistake and the first set of papers have already been filed. I don't want the delay this divorce. What do I do now?


Asked on 1/29/01, 6:21 pm

2 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: Proof of Service Mistake

If time is of the essence, have him file a response. That starts the jurisdictional time running as well. Then do a simple settlement agreement. otherwise per Khoury answer.

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Answered on 3/19/01, 1:52 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Proof of Service Mistake

There is nothing you can do until he is properly served. You'll need to either hire process server or get the county marshal or sheriff to do it.

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Answered on 3/15/01, 1:44 pm


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