Thursday, December 1, 2011

HOW SOON DOES A DIVORCE CASE HAVE TO BE SERVED?

QUESTION: If my husband filed for divorce on Feb 18th 2011 but didn't serve me until June 22nd 2011. It it still valid?

MY RESPONSE:

The divorce case is still valid, even if your spouse delayed serving you.

It does not have to be served immediately, but it could be dismissed for failure to serve within three years, or for failure to bring to trial within five years, and there may be local rules in your county which prescribe shorter time limits.

Nevertheless, if the case hadn't been dismissed by the time it was served on you, the case is viable, and your Response was due to be filed and served within 30 days after service on you.

If you haven't yet filed and served your Response, do it without further delay, to avoid a default being entered against you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

1 comment:

Scottsdale Divorce Attorney said...

I agree with Donald. But you might want to check with a divorce lawyer in your state.