Your Divorce Process Does Not Start Until Spouse Served | Santa Clarita Divorce

Today I wanted to talk to you about an issue, and a question that a lot of people have, and that it keeps coming up.

So I want to do another video and maybe hit it from a different angle so maybe it makes more sense.

The question is, when does the divorce process actually start?

Many people feel that the divorce process starts when they file their paperwork. You fill out the forms; you take it down to court. The clerk stamps it, you have these conformed stamped copies, and you think “Great, I’ve started my divorce, and in six months I’ll be done.”

That is a common misconception that I’m going to attempt to clear up again, and advise you as to when the actual process starts.

So, you have your filed papers. The divorce process officially starts, that six-month waiting period starts when you served your spouse. This can be, doing it by mail, and notice of acknowledgment of receipt, or when you have someone personally serve your spouse.

That is the official kick-off of the divorce process.

Now, there are several things that hinge of off that service date, that six-month window, or that start date when your spouse is served.

For instance, if you’re going to do a default filing, meaning, the other party is not going to respond for thirty days. Look at your summons if you’re wondering what I’m talking about says the other party at thirty days. Those thirty days is after your spouse is served.

It’s not after the date you filed; after your spouse is served. So you cannot file the default and tell your spouse is served. The six-month window starts as of the date your spouse is served. So if you file your divorce papers, and hang on to it for two months, nothing, the clock has not started ticking.

So, when your divorce can be finalized – is going to be six months from the day your spouse is served.

Heed that in mind that nothing, everything hinges off that date of service, that notice of filing that you serve on your spouse. That’s when everything kicks off. You can’t file a default, your six-month window doesn’t start ticking.

I want you to be aware of that. Keep in mind though, that if you don’t file or, I’m sorry, if you don’t serve your papers, and this is kind of something that started last year, the middle of the year of 2013.

Once you file, you’re going to want to serve your spouse within sixty days or you can anticipate the court setting a hearing.

You’re going to receive a notice in the mail that’s saying ‘hey, you filed for divorce, you haven’t served your spouse, you have to do so by this date or we’re going to dismiss the case.’ So I just wanted to throw that in as an added bonus to this video.

And this is Tim Blankenship with divorce661.com. You can reach us direct at 661-281-0266, or more on our website at divorce661.com. Thanks!