Legal Question in Family Law in California
My wife filed for divorce in Orange county california. She has not followed up and shown that I have been served. I now want this divorce to be final. How do I continue the process? Can I go to the courthouse and somehow show that I have been served and move things forward? I don't contest anything in the papers that were already filed. We have one child and agree on 50/50 custody. Thanks.
3 Answers from Attorneys
If you have been served, you need to file a response. If you want to move things along, you can contact her or her attorney and tell them you will accept and acknowledge service. You could also just file a response, which would waive any challenges to service.
To clarify what Mr. Roach said, you do not have to be served if you file a response. In most legal proceedings the responding party doesn't want to move forward and will not responde until served, but there is no law that requires service if you voluntarily appear and submit to the jurisdiction of the court by filing a response. You can then move the case forward just as much as she could have.
You can take charge of the proceeding by filing a response, including exchange of all financial information. You can find the forms on the internet or from the court's self help office. Be sure and serve your wife with the papers and file proof of service with the court also. You will have to pay the filing fee for your paper work. Once you have completed the exchange of financial information, you can request a court hearing to get court orders regarding custody, support, division of property and dissolution just as if you were the requesting party.