QUESTION: I need help clarifying a CA divorce question, in regards to when the 6 months cooling-off period begins and the final divorce date. My husband had the papers served on me and I signed them Jan 16, 2012. He filed that and the court stamped the acknowledgement on Jan 30, 2012. He has filed for default, since I was unable to file a response due to money and distance issues and we have no assets or bills to divide. We haven't lived together in over 2 years, although we never filed for legal separation. What date does the court acknowledge as the start date for cooling off? The CA website says the day I signed, Jan 16, but my ex says it is 6 months from the date the court received the paper, Jan 30. Any insight you can provide would be greatly appreciated. Thanks!
MY RESPONSE: It is 6 months from the date of service, which was the date you signed the Notice and Acnkowledgment of Receipt of Service. The fact that it took your husband some time to file that document does not change the start date of the 6 month period, so long as the signed Notice and Acknowledgment of Receipt of Service along with its accompanying Proof of Service by Mail is filed with the Court Clerk.
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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