Tuesday, January 10, 2012

WHAT ARE THE NEXT STEPS AFTER MY EX IS SERVED WITH DIVORCE PAPERS?

QUESTION: After my ex is served with divorce papers (including receipt to be returned to me), what is the next step in the process?

MY RESPONSE:

If your husband returned to you his signed Notice and Acknowledgment of Receipt, your next step would be to file that document, attached to the original Proof of Servce by Mail, at the Superior Court Clerk's office.

However, if you were the person who mailed the Notice and Acknowledgment of Receipt to your husband, your service by mail was not proper service, inasmuch as a party is not allowed to serve documents in his/her own case, and the clerk may reject the signed Notice and Acknowledgment of Receipt with the attached improper Proof of Service by Mail.

If service on your husband of the documents by mail with the Notice and Acknowledgment of Receipt was properly done, the next step depends upon whether or not your husband dated, signed, and returned the Notice and Acknowledgment to you.

If your husband returned the dated and signed Notice and Acknowledgment of Receipt to you, his next step would be to file and serve his Response (Family Law) within 30 days of the date he signed the Notice and Acknowledgment; if he instead fails to file and serve his Response, your next step would be to seek for the Court to enter his default.

On the other hand, if your husband does not return a dated and signed Notice and Acknowledgment of Receipt to you, the service was incomplete, and you would need to have him served via personal service.

You would best retain an experienced Family Law Attorney to advise and represent you in your divorce.


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 |

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