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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I filed the beginning papers for divorce in California on May

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I filed the beginning papers for divorce in California on May 9th, 2013. I had a relative serve my husband the day after. This has been the easiest divorce ever, and we still remain good friends. We have nothing to divide, no children or assets of any kind. I am doing the paperwork on my own, but I think I made a big mistake. I forgot to file the paper that both him and my server signed back in May. If I send everything in (applicable signed forms, plus her signed form that she served him) does the divorce still have the six month wait from the date in May, or does it begin when the court dates them?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am glad to hear that the process has been easy for you. Before I can give you an accurate answer to your question, please provide the following additional information:

It was the return of service which you neglected to file with the court?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I have already sent two replies, but they didn't show.


Yes, the form that states my sister served him and he also had other forms sent as well. I wanted to make sure he got everything signed so there could be no forgetting or mistakes.

Hello again. I am sorry if you are experiencing technical difficulties. I will report that to the site.

The six month waiting period typically begins running when the Respondent is served with the petition and summons. The failure to file the return of service will not typically affect this time requirement although the return of service should be filed now at your earliest convenience.

Since this is an uncontested divorce and your spouse was served, the court would typically use the date your spouse was served in determining whether the 6 month period has lapsed.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 3 other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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