Legal Question in Family Law in California

Quash of Summons Question

I served my brother's estranged wife CA Divorce papers. He is currently in jail and asked that I serve the papers on his behalf (all documents were signed by him). She just filed a ''Quash of Summons/Request for Dismissal''. They have no property together, assests or children. The summons was done correctly - what do I need to do for the Judge to dismiss her request? I have receipts/delivery confirmations as to where it was sent - is that enough? Should my brother write a letter to the Judge explaining the situation? They haven't been together since 2001 -and he just wants to get the divorce but she told me she will challenge it just to be a B*** - what can we do since he can't attend the hearing set due to being in jail? Can I appear in court and act on his behalf?


Asked on 10/20/07, 12:24 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Quash of Summons Question

You cannot appear in court for him. It appears that you may have mailed the documents to her. The documents must be served on her in person. Hire a process server to serve her the papers and provide a proof of service. Your brother should write a letter to the judge explaining his situation. Hiring an attorney to represent your brother would be the surest way of getting this matter completed. If you cannot afford to hire an attorney for him then consult with an attorney regarding the motion she has filed and what you need to do to proceed with the dissolution of marriage case.

Read more
Answered on 10/31/07, 3:14 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California