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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 11983
Experience:  Experienced in multiple areas of the law.
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Is there a limit to how long you have to serve the respondent

Resolved Question:

Is there a limit to how long you have to serve the respondent after filing for divorce?
Submitted: 5 years ago.
Category: Family Law
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.


Yes there is. Pursuant to California Rule of Civil Procedure 583.210, a "

summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed."



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Customer: replied 5 years ago.
Can the respondent file for divorce while there is a case already filed?
Expert:  RobertJDFL replied 5 years ago.
No, if a case has been filed, and the respondent files for divorce, the case would be dismissed. If it's been a long period of time since the petitioner/plaintiff filed suit but has not served the respondent, the respondent could file a motion asking that petitioner's case be dismissed. The court has authority to dismiss a case due to inactivity by a party if they feel it is in the best interest of justice.
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