Best Way To Divorce USA Step 2
Petition Issued / Proceedings issued:
Your spouse must respond within 30 days. The date of service of the Petition and Summons is very important because it commences the mandatory six-month and a day waiting period to obtain a divorce in California. An adult (18 or older) who isn’t a part of the case can serve divorce papers on the other spouse. While you can certainly use the local sheriff’s office or a licensed process server, you can also have a friend or relative assist with this process. It’s never a good idea to involve your adult children in this process, and you are never allowed to serve the papers yourself.
The 30-days runs from the date of service – not the date of filing. Furthermore, if the couple is being cooperative (which hopefully they are), service is typically effectuated by the spouse signing a Notice and Acknowledgment of Receipt. The 30 days starts running from the day that document was signed.
Best Way To Divorce
Best Way To Divorce: Step 2 –
Respondent Acknowledges Receipt Of Forms
Serving The Papers And Response
The server must serve filed copies of your Petition, Summons, and if applicable, your UCCJEA. In addition, your server must give the other side the documents needed to respond to the divorce. This includes a blank Response (FL-120), and if you filed the UCCJEA, you will also need to provide a blank copy..
Personal service happens when your server personally hands your spouse the divorce papers and blank response form or forms. That doesn’t mean it has to be a surprise or done in an embarrassing manner, as the date and time of service can be scheduled. You do not have to serve your spouse in a public venue, such as their place of employment. Embarrassing your spouse or trying to inflict pain is rarely a good choice. While it may make you feel better initially, you may come to regret your decision when it causes further conflict and increased litigation. Finally, at all costs, avoid having your spouse served in front of your children.
Service By Mail
Service can also happen by mail. This requires your spouse to sign a document acknowledging service of the divorce papers. This form is called a Notice and Acknowledgment of Receipt (FL-117) , and your spouse has 20 days after receiving the divorce papers to sign and return it to you. Remember, even if you are serving by mail, you still have to use an adult-aged third party.
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