Our Clients Don’t Get Personally Served Divorce Papers: How to Serve Your Spouse by Mail During an Amicable Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

Our Clients Don’t Get Personally Served Divorce Papers: How to Serve Your Spouse by Mail During an Amicable Divorce

Navigating the process of divorce can be emotionally and legally challenging. One of the most stressful parts often involves serving divorce papers to your spouse. However, for couples who are committed to an amicable separation, there’s good news: personal service isn’t always necessary. In fact, there’s a straightforward, less confrontational way to handle this step that respects both parties’ feelings and keeps the process smooth.

Tim Blankenship of Divorce661 shares valuable insights into how his clients—who prioritize cooperation and mutual respect—manage to serve divorce papers by mail, avoiding the discomfort of personal service. This article will walk you through how this process works, why it’s beneficial, and what steps you can take if you’re seeking an amicable divorce experience.

Understanding the Importance of Service of Divorce Papers

Before diving into the alternative method of serving divorce papers, it’s important to understand why service is necessary in the first place. Serving divorce papers officially notifies your spouse that you have initiated legal proceedings to end your marriage. This step ensures that the other party is aware of the case and can respond or participate accordingly.

Traditionally, service involves physically handing the documents to your spouse, often through a process server or law enforcement. While this method is legally effective, it can be emotionally taxing and may add tension to an already sensitive situation.

Why Personal Service Isn’t Always the Best Option

Even in cases where couples are parting ways amicably, the prospect of being personally served can cause anxiety or discomfort. Nobody wants to be handed divorce papers face-to-face, especially if both parties are trying to maintain civility and respect.

Tim Blankenship highlights this concern, noting that “no matter how amicable you are, nobody wants to be served divorce papers.” This shared understanding forms the basis for exploring alternative methods that honor the cooperative spirit of an amicable divorce.

Serving Divorce Papers by Mail: The Amicable Alternative

For clients who are on good terms, Tim and his team at Divorce661 use a process involving a document called the Notice and Acknowledgement of Receipt. This approach allows the petition and related paperwork to be sent through the mail rather than hand-delivered.

Here’s how it works:

  1. Prepare the Divorce Petition: The initial paperwork, including the petition for divorce, is compiled and ready for mailing.
  2. Include the Notice and Acknowledgement of Receipt: This form accompanies the petition. It’s a legal document that your spouse signs to confirm they have received the papers.
  3. Mail the Documents: The petition and the Notice and Acknowledgement are sent via mail to your spouse’s address.
  4. Spouse Signs and Returns the Acknowledgement: Upon receiving the documents, your spouse signs the acknowledgement form and mails it back.

This signed acknowledgement serves as proof of service, making it just as effective as personal service in the eyes of the court.

Benefits of Serving Divorce Papers by Mail

This method offers several advantages, especially for couples seeking a peaceful and cooperative divorce process:

  • Reduces Emotional Stress: Avoiding face-to-face service can help minimize confrontation and emotional discomfort.
  • Saves Time and Effort: Mailing documents can be quicker and less complicated than arranging for personal service.
  • Maintains Amicability: It supports the mutual respect and cooperation many couples want to preserve during their separation.
  • Legally Valid: When done correctly, the acknowledgement of receipt is accepted by courts as valid proof of service.

Who Qualifies for Service by Mail?

It’s important to note that this method works best for couples who are on amicable terms and can communicate effectively. If there is any dispute, reluctance, or concern that your spouse might refuse to acknowledge receipt, personal service or other legal methods may still be necessary.

At Divorce661, the focus is on working with clients who prioritize cooperation. If you and your spouse are in agreement about the divorce and willing to handle the process respectfully, serving by mail is a practical and less stressful solution.

How to Ensure the Process Goes Smoothly

To successfully serve your spouse by mail, keep these tips in mind:

  • Use Certified Mail: Sending the documents via certified mail with a return receipt requested adds an extra layer of proof that the papers were delivered.
  • Keep Copies: Retain copies of all documents sent, including the Notice and Acknowledgement forms, for your records and court proceedings.
  • Follow Up: Stay in contact with your spouse to confirm they received and understand the documents.
  • Consult Your Attorney: If you’re working with a divorce professional like Tim Blankenship, they can guide you through the process and ensure all legal requirements are met.

What Happens After Your Spouse Acknowledges Receipt?

Once your spouse signs and returns the Notice and Acknowledgement of Receipt, the divorce process can continue without the need for personal service confirmation. This acknowledgment serves as official proof that your spouse received the petition.

From there, your case moves forward with the next steps, such as filing responses, scheduling mediation, or preparing for court appearances if necessary. Because the initial service was handled respectfully and efficiently, it often sets a positive tone for the remainder of the proceedings.

Conclusion: Simplifying Divorce Service for Amicable Couples

Divorce doesn’t have to be a hostile or complicated battle. For couples who value respect and cooperation, serving divorce papers by mail using a Notice and Acknowledgement of Receipt is an excellent alternative to personal service. This method reduces stress, preserves goodwill, and keeps the process moving smoothly.

As Tim Blankenship of Divorce661 explains, “If you guys are in agreement and you’re amicable, there’s no need for physical service.” This approach not only simplifies a difficult step but also aligns with the goal of making divorce as painless as possible for everyone involved.

If you’re considering divorce and want to explore amicable options, remember that the way you serve papers can set the tone for the entire process. Choosing a respectful, straightforward method like service by mail can make a significant difference.

For more guidance and support on amicable divorce processes and how to serve your spouse with care, consulting a professional experienced in cooperative divorces can be invaluable. With the right approach, you can navigate this transition peacefully and with dignity.

How I Finalized My Divorce in Just Weeks with Divorce661 – A Stress-Free Solution for Amicable California Couples | Los Angeles Divorce

Posted by Tim Blankenship on

 

How I Finalized My Divorce in Just Weeks with Divorce661 – A Stress-Free Solution for Amicable California Couples

Divorce is often seen as a complicated, expensive, and emotionally draining process. When my spouse and I decided to get a divorce, we were completely overwhelmed by the sheer volume of paperwork, court requirements, and the thought of costly legal fees. Like many couples, we wanted to find an amicable solution that wouldn’t drain our finances or force us to endure the stress of multiple court appearances. Fortunately, we found Divorce661, a flat-fee divorce service that handled everything from start to finish, making the process easy, fast, and surprisingly stress-free.

In this article, I’ll share my personal experience with Divorce661 and explain why it could be the perfect option for couples seeking a professional and affordable way to finalize their divorce in California. If you’re considering divorce but dread the hassle and expense, this guide will provide valuable insights on how to navigate the process smoothly.

Why We Chose Divorce661: The Need for a Simple and Affordable Divorce

When the decision to divorce is mutual and amicable, the last thing you want is to get bogged down by complicated legal procedures and exorbitant lawyer fees. My spouse and I were determined to part ways respectfully and efficiently, but the prospect of handling the paperwork, court filings, and all the legal jargon was intimidating.

Here are some of the challenges we faced initially:

  • Overwhelming paperwork: Divorce involves a lot of forms, declarations, and documents that need to be completed accurately and submitted on time.
  • Court requirements: Understanding court rules, deadlines, and procedures can be confusing for those unfamiliar with the legal system.
  • Costly attorney fees: Traditional divorce lawyers often charge by the hour, quickly adding up to thousands of dollars, which we wanted to avoid.
  • Emotional stress: Prolonged court battles and legal complexities add unnecessary tension to an already difficult time.

We wanted a solution that would address these issues and allow us to finalize our divorce without stepping foot in a courtroom. That’s when we discovered Divorce661.

What is Divorce661?

Divorce661 is a full-service divorce solution designed specifically for amicable couples getting divorced in California. What sets it apart is their flat-fee service model that covers all essential steps in the divorce process. From preparing and filing your paperwork to finalizing your divorce, Divorce661 handles everything efficiently and professionally.

This service is perfect for couples who:

  • Have agreed to divorce amicably and want to avoid conflict
  • Want to save money by avoiding expensive hourly attorney fees
  • Prefer a streamlined process without going to court
  • Need a fast resolution to move forward with their lives

How Divorce661 Made the Divorce Process Easy, Fast, and Stress-Free

Our experience with Divorce661 exceeded all expectations. Here’s how their service simplified every stage of our divorce journey:

1. Comprehensive Paperwork Preparation

One of the most daunting aspects of divorce is correctly filling out and organizing the required forms. Divorce661 took this off our plate by preparing all necessary documents based on the information we provided. This eliminated any guesswork or risk of errors that might delay the process.

2. Filing on Our Behalf

Rather than navigating the court system ourselves, Divorce661 handled filing all paperwork with the appropriate court. This was a huge relief because it ensured our documents were submitted correctly and on time.

3. Finalizing the Divorce Without Court Appearances

Perhaps the best part was that we never had to set foot in a courtroom. Divorce661 managed all the court interactions and communications, allowing us to finalize our divorce quietly and efficiently.

4. Speedy Resolution

The entire process was completed in just weeks. This was much faster than we anticipated and helped us avoid prolonged uncertainty and stress.

The Benefits of Choosing Divorce661 for Your Divorce

Based on our experience, here are some compelling reasons why Divorce661 is an excellent choice for couples seeking a stress-free divorce in California:

  1. Flat-Fee Pricing: You pay a single, transparent fee for the entire service, avoiding unpredictable legal bills.
  2. Professional Support: The team at Divorce661 are experts in California divorce law and handle everything with professionalism.
  3. Convenience: No court appearances or complicated legal procedures for you to manage.
  4. Speed: The process can be finalized in weeks, allowing you to move on quickly.
  5. Peace of Mind: Knowing that your divorce is handled correctly and legally protects you from future complications.

Is Divorce661 Right for You?

Divorce661 is designed for couples who:

  • Are in California and meet the state’s residency requirements
  • Have reached an amicable agreement regarding asset division, child custody, and support
  • Want to avoid the time, cost, and stress of traditional divorce proceedings

If you and your spouse can communicate respectfully and want a simple, affordable way to finalize your divorce, this service could be the perfect fit. However, if your situation involves complex legal disputes or contentious custody battles, you may need to seek personalized legal advice.

How to Get Started with Divorce661

Starting your divorce with Divorce661 is straightforward. They offer a free phone consultation to discuss your situation and determine if their service fits your needs. You can schedule your consultation on their website, which also provides detailed information about the process and pricing.

Here’s a quick overview of the steps:

  1. Visit Divorce661.com
  2. Schedule a free phone consultation to discuss your case
  3. Provide the necessary information and documentation
  4. Divorce661 prepares and files your paperwork
  5. Your divorce is finalized without court appearances

Final Thoughts: A Better Way to Divorce in California

Divorce doesn’t have to be a prolonged and painful ordeal. When my spouse and I chose Divorce661, we found a professional, affordable, and efficient way to end our marriage on amicable terms. Their flat-fee service took care of all the paperwork, court filings, and finalization, saving us from unnecessary stress and expense.

If you’re looking for a trustworthy solution to handle your divorce quickly and with minimal hassle, I highly recommend Divorce661. Their expertise in California divorce law and commitment to client satisfaction make them a top choice for couples ready to move forward peacefully.

For more information or to start your divorce process, visit Divorce661.com and schedule your free consultation today.

“Divorce661 made it easy, fast, and stress-free. If you’re looking for a professional and affordable way to handle your divorce, I highly recommend Divorce661.”

Reseda CA Divorce Paralegal Service

Posted by Tim Blankenship on

Reseda CA Divorce Paralegal Service

Today we are talking to the folks in Reseda California in the San Fernando Valley.

We’re a licensed and bonded legal document preparation firm specializing in divorce.

And in this article, I’m going to talk to you about why we are your best option for getting through your divorce. We’re going to help you through your entire case from start to finish for a low flat fee.

As I have stated, we are a licensed and bonded in the Los Angeles County area and we specialize only in divorce. We are full service firm, which means we’re going to care of your entire case from start to finish.

That means filling out the forms, take them down to court, filing them, serving them, all financial disclosures and preparing your final judgment because we are full service, we’ll also help you establish child support, spousal support, custody, visitation, everything you need to get through the divorce process.

It’s not just forms as people think it is. It’s much more difficult to get through the process on your own than it has been in the past and we have everything that you would need. Everything the courts have, everything the attorneys have to help you get through the process.

And because we are a full service, we’ll go down the court for you, file all your forms. This is something where you will be able to go on with your life and not have to think about the process, procedure, what I do next, we take care of all that.

The good news is also, you won’t have to do anything, you won’t have to go to court and we are less expensive than any online solution you may find. Some people look online and they find folks offering low cost prices online and I want to talk to you a little bit about that.

These online service providers basically lure you in with the low cost upfront but it doesn’t include any filing fees. None of the filing fees are included in there and what happens is you have to pay the filing fees twice when you use an online service or any other legal service out there because they’re not familiar with the process.

We specialize only in divorce. We understand the process. I’ve worked for the courts in the past. There’s a way to get through this with a single filing fee and we can save you money on your divorce.

And we’re going to do all the work.

So let me just give you a little bit of math here. If you use an online service provider and let’s say they charge you $300, and that sounds like a great price as they lure people in all the time on that.

You’re going to have to fill out a long questionnaire. They’re going to get the forms all sent to you in a single stack, and then you’re going to have to figure out what to do and read their twenty-page explanation on what to do next.

You’re going to have to go to court, file the forms, serve the forms, do all the work, you’re going to have the other party, in this case, your spouse, obviously, is going to have to do the same thing.

You’re going to have to go down, file a response, serve the papers on you. You guys are going to go back and forth through this – all the way through it. It’s not an easy process.

So you had your $300 fee, and you’re going to have to file $435 currently in LA County, and then, what the instructions will tell you to do is that your spouse has to file a response and pay another $435.

A lot of people do not know that they have to pay another fee. Now, your $870 plus the $300 now you’re at $1170 and you have to do all the work. I just want to make that clear.

You have to go down the court multiple times. File, serve, all that. You’ve already completed this long questionnaire. It’s a lot of work, and then you have to prepare your judgment. You have to make four, five copies of everything. It’s a big deal.

With us, we are less than the total cost, that $1170, we are less than that. We are going to do everything for you. We put in to thought every form there’s no questionnaires, nothing. You go on with your life, we take care of everything and it’s less than any other online service or paralegal service out there. So please give us a call.

Now, here in Reseda, our main office is in Valencia. You do not have to come to our office. We do a lot of what we do right over the phone. We have clients all throughout Los Angeles County, in fact, we have clients all throughout California.

Please give me a call. 661-281-0266. Go to our website, divorce661.com. We have hundreds of videos, podcasts, tutorials, self-help videos. We even are on iTunes at divorce master radio and on Stitcher Radio. So, if you’re on to podcasting you can find us there. We’ve done some interviews and we talk a lot about the divorce process in California.

Please give me a call. We’d love to help you to your divorce process. 661-281-0266

Santa Clarita Divorce Service Slows Due To Government Shutdown 2013

Posted by Tim Blankenship on

I did not give much thought to the Government shut down until it directly impacted my Santa Clarita divorce service.  As the Government shutdown went into its second week, I started to notice a little bit of a slowdown in the amount of calls our office received.

At first It did not cross my mind that there could be any impact on our Santa Clarita divorce service nor did I attribute the slower pace of new clients to the Government shutdown.

Then I received a call from Federal employee who was calling to get information on our divorce service in Santa Clarita.  He lived in Palmdale and said he was furloughed due to the shutdown.

He stated that he wanted to file for divorce, but now that he has not been at work for over 10 days, it was going to make it difficult to pay our fees and the Court fees.

This is when it struck me that the Government shut down was having an impact on my business.  I would have never thought that this would occur.

But what accounts for the slow week or two I have had?  Not all my clients are Federal employees, so there must be something else.  Is it the fact that it is October and we are starting into the holidays?

Or is it consumer confidence (or lack of consumer confidence) that is being created due to the Government shutdown.  Even stocks are taking a hit due to investor confidence.  Then when it seemed that there were some positive talks, the stock shot up 300 points.

I wonder if any other Santa Clarita small business owners have felt a slight slowing or thought that the Government shutdown might be responsible for a reduction in clients and sales.

These were just some rambling thoughts I had this Friday.

We are a licensed and bonded legal document preparation firm that specializes in providing affordable divorce services in Santa Clarita.

Santa Clarita Divorce Consultation

Posted by Tim Blankenship on

If you are going to get divorced and live in Santa Clarita, you will most likely need a Santa Clarita divorce consultation at some point.

We offer free divorce consultations either over the phone or in our office.  It is really just your preference.  Most of our divorce consultations occur over the phone and then an appointment is set to come in and get started.

We are a licensed divorce paralegal service in Santa Clarita.  Known as Legal Document Assistants, we can take care of your entire divorce from start to finish for one flat fee.  Because we are not a law firm, we can and do, in most cases, work with both spouses who are working toward an amicable divorce.

We are a full service divorce legal service.  We are able to prepare, file and serve all your divorce forms.  We can help you to figure out what child support and spousal support guidelines are and prepare your final judgment.

Basically, we do everything a divorce law firm does, except give legal advice and represent you in court.

The best way to contact us for a Santa Clarita Divorce Consultation is simply to pick up the phone and call our local Santa Clarita office.   No appointment is necessary for a phone consultation, you can simply just call.  However, if you wanted to come in it is important that you schedule an appointment with us as we operate by appointment only so we can provided the best customer service possible.

We don’t charge for our Santa Clarita Divorce Consultations.  That is a rarity in the legal industry.  You will find that most attorneys will charge anywhere from $150 to $400 for a one hour divorce consultation in Santa Clarita.

So please feel free to give us a call.  The direct number to our office is 661-281-0266.  We serve all the courts in Los Angeles County and specialize in only divorce.

Where Did You Get Stuck With Your California Divorce

Posted by Tim Blankenship on

People get stuck attempting to complete their California divorce at different points.  This means that people are calling on us for help with their divorce at different stages and we thought we would share these different stages as to suggest you are not alone.

Some people realize right from the get-go that they don’t have the time or desire to attempt their California divorce on their own.  These folks seek out our affordable California divorce service right from the beginning.  These folks will save much time and heartache.

The next place you may decide to get professional divorce assistance is after you have attempted to file your initial set of papers.  What we find is that folks will attempt to fill out the summons and petition and then have it rejected by the court.  Or if they did fill out the forms, they don’t know how to property serve and file the proof of service. We get many calls for assistance at this stage.

Sadly, filing the initial divorce documents is, by far, the easiest part of the divorce case.  The next step is preparing your preliminary declaration of disclosure.  We have talked about he complexity of these specific divorce forms in other articles.  These need to be property prepared and a specific form filed with the court.  We find that these financial disclosures are particularly troublesome for folks.

The last part of your California divorce case is having to complete the judgment.  The judgment is comprised of between 15 and 25 forms, all which will detail the agreements between you and your spouse, including distribution of assets and debts, parenting plans, child support, spousal support and any other agreements you want wrapped up in the divorce judgment.

We have found that people who have attempted to complete their own divorce will have to call us at some point.  The final judgment is the most difficult part and many people face numerous judgment rejections from the court which draw out the case for several years.

We recommend that you call our Santa Clarita Divorce Service from the very beginning so we can professionally prepare your divorce documents.  But regardless of where you have got stuck with your California divorce, we can pick up where you got stuck.

5 Helpful Divorce Tips When Representing Self | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been getting a lot of exposure on our Santa Clarita Divorce Google+ Business Page and thought we would provide folks looking for divorce assistance with some helpful tips on a variety of issues people face when representing themselves.

We are always looking for ways to get information regarding divorce out, and we learned that we can redistribute our content from our blog to Google Plus and then link that content back to our blog.

When Does The Divorce Process Start?

Have you heard of the 6 month waiting period when going through divorce.  This is one of them most misunderstood issues of divorce.  In this video we discuss what you have to do to get the clock ticking on the 6 month waiting period and tell you when the divorce process actually starts.

What Divorce Documents Should You File First?

When people are going to get divorced, they often think they have to have everything figured out before they ever file the first divorce forms.  This is simply not true.  Divorce is a process and has several steps.  The fist step is to file your initial divorce papers so a case number can be issues and your case opened with the courts.  In this podcast we discuss exactly which forms you need to file to start your California divorce case.

How Spousal Support Works

If you think your spouse is going to want spousal support, you will want to watch this video.  We discuss how spousal support is determined and discuss the court’s spousal support calculator known as a Dissomaster Report.  Watch this video where we discuss how California spousal support is determined.

How To Apply For A Fee Waiver For Your Divorce

If you cannot afford the whopping $435 filing fees for divorce, there may be a way to get your court fees waived.  So far, we have a 100% approval rate for getting our clients court fees waived.  There are some specific income requirements you have to meet, otherwise you have to prove to the court that you cannot afford your court fees and still pay for the necessities of life.  In this video we show you how to prepare the divorce fee waiver.

Why You Should Not Attempt To Complete Your Own Divorce

The divorce process is long and complicated.  While technically you are allowed to complete your own divorce, many have tried and many have failed.  In this podcast, we discuss the issues you will be faced with and common problems of trying to file your own divorce case in California.

We are a licensed and bonded legal document preparation service in Santa Clarita that specializes in divorce in California.  For a free phone consultation, please call us at 661-281-0266.

 

California Divorce Resources, Tips & Help | California Divorce Service

Posted by Tim Blankenship on

Hi this is Tim Blankenship with divorce661.com. This is a transcription of our divorce master radio broadcast.

In this broadcast. We discuss some California divorce tips, tricks and helpful advice. We also will be discussing where you can find free online legal reference materials.

Beginning of transcription.

Hello everybody this is Tim Blankenship with divorce661.com. Today we’re talking about the California divorce process and specifically where you can find some free help and legal reference materials.

There are many ways you can access free information on the Internet for the California divorce process, but many times people find it hard to understand.

Listen to internet radio with Tim Blankenship on BlogTalkRadio

Basically what we have done is taken the information from the courts websites and explained it in understandable terms. We have done this by placing helpful tutorials on our YouTube channel, as well as on audio on both our podcasts and blog talk radio show.

Speaking about our blog talk radio show, these make sure to join us Wednesday evenings at 6 PM Pacific on divorce master radio which if you’re listening to on this blog, you’re most likely listening to a archived version of the show.

So let’s start talking about some of the helpful resources on our website. If you go to our blog at divorce661.com you’ll notice that we have a legal resources tab. If you click on this tab, you’ll see that we have over 20+ links to various court websites that will help you do everything from researching case law to finding free family law forms for your divorce in California.

For instance, some of the links you can find are the California Rules of Court, California family law codes, failing to determine how much the divorce filing fees are in your county, California case law, free online legal research using find law, and how to look up your divorce case summary.

We also have links that link directly to the California Superior Court websites that will take you directly to information such as learning about the basics of divorce, the steps for filing for divorce, how to respond to a divorce filing, how to complete your divorce case, and other frequently asked questions.

The reason we provide all this free information and resources is we know that there are people out there that don’t have the financial resources to hire a professional legal document preparation service such as ours. For those people who want to make it easy to access information and explained the legal process and forms in understandable terms.

For those people looking for a licensed and bonded legal document preparation firm that specializes in California divorce such as us this information serves as a useful tool to help these potential clients of ours find our service online. So you can see that by providing this free information on California divorce, we both attract new clients and help those looking for free information about the California divorce process.

Make sure to go to our blog at divorce661.com and get direct access to free information and helpful tips on the California divorce process.

My name is Tim Blankenship I’m a licensed and bonded legal document preparation firm specializing in California divorce. We can help you with your California divorce anywhere in the state of California. Please take the time to read our website. Watch our YouTube videos and listen to our podcasts and when you’re ready please feel free to give us a call, would be happy to help you complete your California divorce.

End transcription.

 

How To Fill Out California Divorce Summons FL-110 | California Divorce Service

Posted by Tim Blankenship on

Are you planning on filing your own divorce in California.  If so, one of the forms you will need to know how to fill out is the California Divorce Summons Form FL-110.

We now there are lots of people trying to complete their own divorce in California so we are making available our video series on how to complete the divorce forms in California.

We are a licensed and bonded legal document preparation firm that specializes in divorce in California. If you are looking for someone to help you with your divorce please give us a call.  We can help in all of California.

The California divorce summons is pretty straight forward and not a lot of areas to fill out.  You will want to take notice of the top of page one that talks about how the Respondent only has 30 days to respond.

(If you have an amicable divorce, your spouse does not have to respond which can save you $435 on your divorce.  Call us to learn how.)

If you are looking for a video which describes and shows you how to fill out the California Divorce Summons Form FL-110, you can watch the video below.

This is just one of the forms you will need to complete and file when completing your initial divorce papers in California.  They are necessary to get your case filed and get a case number.

One of the other forms you will need to complete is the California Divorce Petition Form FL-100 which you can link to here.

So you will want to make sure to read the top of page 1 which says the Respondent only has 30 days to respond.  The other thing to read and take not of is on page 2.  This is where the California Divorce Summons explains the Automatic Restraining Orders (ATRO’s) that go into effect.

Take special notice that the Automatic Restraining orders go into effect on the Petitioner when the case is filed and on the Respondent when they are served.

If you need help filing your initial divorce papers please give us a call,  we can help.

I Filed For Divorce In California But Did Not Serve My Spouse Yet

Posted by Tim Blankenship on

I had a good question come up on our divorce chat service today.  This individual was searching for “how to dismiss your California divorce case”

The specific issue that they were facing is that they had filed for divorce in California, but had not served the divorce papers.  The divorce courts are now setting a case status conference if the divorce papers are not filed timely.  You can usually expect a hearing to be set within 2 months from the time you filed the divorce papers.

This party had the status conference hearing coming up pretty soon and did not have time to serve her spouse.  She wanted to know if she should go to the hearing and if her husband would have to attend.

If you have a case status conference coming up at the beginning of your divorce, in most cases it will not be with the judge.  It will be with the Facilitators office and they just want to see what is happening with your case.  Sometimes the letter regarding the hearing states that your case will be dismissed if the Respondent has not been served prior to the hearing. So make sure to read the notice of motion closely.

I advised her that she should go to the hearing to avoid potentially having the case dismissed. If this were to happen, she would have to refile her divorce.  This means filing out all the paperwork again and paying the filing fee again.

I also advised her to simply explain what was going on.  In her case, she was not sure if she wanted to continue with the divorce.  Since her husband already new she had filed, I told her it would be best to have him served and then just let the case sit with the court.

There are other reasons you may not have served your spouse.  I get a lot of calls from folks asking what they should do when they don’t know where their spouse is and that is the reason they have not been served.

We are a licensed and bonded legal document preparation service and are a full service divorce firm.  We can assist you with your entire divorce start to finish anywhere in California.