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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Related to my previous question to you I don`t know if she

Customer Question

Related to my previous question to you Doug
I don`t know if she (who filed for divorce) is the one who should fill in the CIV 120, also it seems like it needs being filed after the other one?Can you tell me more about this?
LegalGems replied
Family Lawyer
The instructions are for the CIV 110; and the CIV 120 is addressed on page 3-5 of that instruction sheet since whenever a court paper is sent to the other party, it needs to include a proof of service; the civ 120 is the proof of service.
That form is here:…I replied:
About the change of address:
The case is in Hayward, but I'm assuming it's the same thing as the sacramento one you sent.(1) We need to make sure to file the dismissal before it defaults me, to avoid complications related to immigration. Should we in this case file the same address she put in the summons to avoid the time cost? and later change her address with the court?
(2) Is there a time limit? The court person who served me the papers came by 22nd of July. It says I have 30 days to respond. Does that imply that her dismissal has to get there in 29 or fewer days?
(3) So she should also fill in a CIV120 now, even though I have not responded?
(4) She should send the CIV110 and CIV120 together, and then I'll receive the 120 as proof?
(5) Do we need to send any money for the 120?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.


Thanks for asking for me.

Your questions have moved significantly beyond seeking general legal information and you are asking for specific help in filling out legal forms. I am not allowed to assist you with doing that, or with anything else that would constitute me acting as your attorney. I cannot help draft legal documents or help you fill out court forms by telling you what information goes where in any given form.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.


Expert:  Attorney2 replied 1 year ago.

I am a different attorney and it would be my pleasure to assist you as the previous attorney opted out. There are legal aid and Pro Bono services in each state that can assist you with this process. Each county provides legal aid clinics and other resources to assist you if you cannot afford an attorney. I can also provide a link for attorneys that provide FREE legal consultations in the area I that would be helpful?

Customer: replied 1 year ago.
Let me try to summarise my questions in a different way that may be easier to reply to:(1) to dismiss a divorce petition *before* respondent responds, is a CIV120 needed in addition to the CIV110?
(2) If CIV120 is needed, how to fill it?
Customer: replied 1 year ago.
Another question is: will we both be notified of the dismissal? That is, petitioner and respondent get a confirmation in their addresses?

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