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Date Of Service Of Summons Not Date Proof of Service is Filed

This is a quick follow up video and article about filing of the proof of service of summons for your California divorce.

In the last article I was discussing the fact that there are only a few more days to file your California divorce case this year to have it finalize in 2017.  I had a lot of questions come in about this.

Specifically, one question stood out. “If I file my California divorce papers, and serve my spouse, either by personal service or by notice and acknowledgment of receipt, do I have to have that proof of service filed in that same time frame or can it be filed after?”

It was a good questions because she was asking if she files her divorce case say on June 26th and then serves him on June 29th, but then files the proof of service on July 3rd or somewhere after the last possible date of service to have divorce finalized in 2017, will it still count.

The answer is “yes”. You can serve your spouse prior to the end of June and file the proof of service after the end of June and still have your California divorce finalized by the end of the year.

It is the date of actual service of the divorce summons and petition that counts, not when the actual proof of service is filed with the court.

Tim Blankenship – who has written posts on Divorce 661.