I still get lots of calls where people are not aware that in California, the divorce process takes 6 months. And there is further confusion on when the 6 month clock actually starts ticking.
California Divorce 6 Month Clock Starts At Date Of Service
Last week I shot a video explaining that you only have a few weeks left to file and serve your divorce case to finalize in 2017 and I had a lot of questions come in surrounding that, people wanting to get their case started so they can finalize in 2017.
Here was the question. If we file it prior to the end of June, which would give us time to serve, does the proof of service have to be filed with the court prior to the end of the month? While you may get it filed, in the video I was explaining that’s what starts the clock. Let’s say you file it June, what is today? June 20th and let’s say you don’t serve it until June 28th, but then you can’t get to court to file the proof of service until sometime in July.
The question was, if I file the proof of service in July, will the date of jurisdiction or will the divorce still finalize in 2017? The answer is yes. You don’t have to serve it and then file the proof of service in that time frame.
You Can File Proof of Service Later – The Date Of Service Stands
You just have to have it served, whether it be by mail, notice of acknowledgment for personal service or even certified mail. If they’re out of state, you can do certified mail, but as long as they are served one way or another before the end of June, you can file your proof of service in July as long as the date on the proof of service shows it was filed prior to the end of June.
That was a good question. I wanted to record this to explain that. If you are trying to get your divorced finalized by the end of 2017, you need to have it filed and served before the end of this month, but the proof of service doesn’t necessarily need to be filed for it to count.
Tim Blankenship, divorce661.com. Go to divorce661.com for more information or just give me a call for a free consultation, 661 281 0266. We do handle divorce cases throughout California. Thanks so much for watching.