QUESTION: My spouse filed for divorce but never served me, Can I still file and serve first? I was the one who asked for the divorce, but she filed right away. I don't think she plans to serve the papers.
MY RESPONSE:
Yes. The first case to be served is the case that is operative.
Or - you can go to the Court, get a copy of your wife's Summons and Petition (and any other documents that she filed), and file and serve your Response in her case, even if she hasn't served you. If you do that, you can proceed to get a divorce under the case that your wife filed without being served.
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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