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getting served with divorce papers


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#1 sd041903

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Posted 14 November 2012 - 12:12 PM

my husband attempted to serve me with divorce papers on august 5th of this year (I hadnt spoke with him since may) I was house sitting for a friend from the 3rd of august until the 6th so I was not home . I was told the process server came 3 different times that same day but no one at my home would accept them. I have not heard from him or anyone else since. I live in santa clara county california . Should I be worried? they should have to attempt delivery more than one day right. ? --thank you for your help

#2 FindLaw_Amir

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Posted 14 November 2012 - 02:00 PM

If your are anticipating a divorce, then I suggest you consult with a local Santa Clara County, California Divorce Lawyer to advise you of your rights. I also suggest you visit the Family Law Center: Divorce and read How to Divorce as a good resource to learn more about your rights.
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#3 pg1067

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Posted 14 November 2012 - 04:07 PM

Should I be worried?


Let's think about this question for a moment. You're asking a bunch of complete strangers whether you (a person we don't know and about whom we know virtually nothing) should be worried about some unknown thing or things. Does that seem sensible to you?


they should have to attempt delivery more than one day right. ?


This question doesn't make much sense.

What is it that you want to know? What is it that you are or might be worried about?

#4 sd041903

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Posted 20 November 2012 - 03:38 PM

You know what? I did think that this sight was to ask complete strangers for help because I was worried about things. But thank you for making me feel like an idiot. All I can say is that my husband closed all our bank accounts and tried to serve me papers one day in august and I was not here to sign and I wanted to know if that is all he has to do. And I do not get a chance to sign again.

#5 pg1067

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Posted 21 November 2012 - 07:18 AM

Sorry, but unless you ask questions that are coherent and provide relevant facts, there's not much we can do for you because you leave us to guess what you want to know. If having someone point out that your questions are ambiguous makes you "feel like an idiot," then there's an easy way to solve the problem.


I wanted to know if that is all he has to do.


All he has to do for what?


And I do not get a chance to sign again.


A chance to sign what?

If the point of your post was to ask about the proper methods for serving a summons and petition in an action for dissolution of marriage, they can be found in Section 415.10, et seq. of the California Code of Civil Procedure, which you can read here: http://www.leginfo.c...e=415.10-415.95. Note that, in order to effect "sub-service" under Section 415.20, the person attempting service, must make reasonable efforts to personally serve you, which means three attempts at different times of day. Sub-service may be made immediately after the third unsuccessful attempt.

#6 roadnottaken12

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Posted 28 November 2012 - 09:23 AM

An easy answer to your question is yes, you should be worried if you do not want a divorce. A process server will attempt multiple times to hand you your divorce papers. If you are trying to avoid them then perhaps that means you are not ready for a divorce. But how do you know? I would read this blog post by Jay D. Smith about whether or not divorce is the answer.




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