Legal Question in Family Law in California

Service

I filed for divorce on November 22nd, had him served on the 28th of November. he ended up obtaining an attorney, his attorney mailed me a fax copy of the fl105/120 form, on dec. 29 when they actually filed jan 2. my papers do not have the court stamp, and he is ''requesting leave to amend the full anture of seperate and community property and debts when it has been assertained'' he has my preliminary disclousurs on debt, financial accounts, and property. I am assuming this is a delay tactic to intimidate me because I am representing myself because neither one of us can afford an attorney. and he is asking in his responce that I pay attorney fees. Went onto the county website to see the status of the case, and at least 5 other forms were filed on the 2nd all pertaining to child custody and parental establishment. none of these forms have been served upon me. is there a time frame from the time you file, to the time the actual filed papers are served upon the other party? how do I have a negotiation with him and his attorney when they have yet to disclose finacial information, Pension, also my name on the second page is spelled wrong, does that matter?


Asked on 1/06/07, 2:01 am

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

Re: Service

The time for service is not determined by the date of filing, but rather the date of the hearing. You can go to the court and review you file to see what has been filed with the court. You cannot negotiate without knowing the extent of the assets and debts. Check with the family court for a law clinic to provide you assistance with this matter. Although those individuals working in the clinic are competent they do not have the time to fully investigate and understand your case.

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Answered on 1/11/07, 12:40 am


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