Sign in to follow this  
Followers 0
ricomom

serving the petition of divorce

8 posts in this topic

I was wondering once you file for a petition for divorce how long do you have to successfully serve the respondent? If you are having a hard time serving the respondent is there an expiration date and you have to re-file and try to serve again? This is in the state of California. --thank you

Share this post


Link to post
Share on other sites

Title 5 of the California Rules of Court (http://www.courts.ca....cfm?title=five) govern family and juvenile matters. Articles 3 and 4 of Chapter 4 of Division 1 of Title 5 deal with service of papers and the manner of service. It does not appear that there is any rule dictating how much time the petitioner has to serve the summons and petition. Accordingly, Rule 3.110 (http://www.courts.ca...inkid=rule3_110) should govern this issue. However, the 60 day rule is not strictly enforced, and there are no specific consequences for not getting service done in this time. Rule 3.110(f) states that, "If a party fails to serve . . . pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed." Typically what happens is that, if the plaintiff/petitioner has any reasonably valid reason for not effecting service in a timely manner, the court will simply give the plaintiff/petitioner additional time to effect service and threaten dismissal if it doesn't get done within the extended time.

Share this post


Link to post
Share on other sites

I was wondering once you file for a petition for divorce how long do you have to successfully serve the respondent? If you are having a hard time serving the respondent is there an expiration date and you have to re-file and try to serve again? This is in the state of California. --thank you

My advice is hire a private process server if you haven't yet.

They don't get paid until they serve the papers and they tend to be very creative about getting the papers served.

Share this post


Link to post
Share on other sites

Process server was used but had no luck (and is costly) he went to the residence 3 times in 1 day (on a Sunday)- in the morning and afternoon 2 different people answered the door and he was told respondent was not home. In the evening around 6 or 7 pm he was ignored and nobody answered the door at all.

Share this post


Link to post
Share on other sites

My advice is hire a private process server if you haven't yet.

They don't get paid until they serve the papers and they tend to be very creative about getting the papers served.

I don't know of any process servers in California who don't charge if they don't effect service (although they will usually charge less if they aren't successful).

Process server was used but had no luck (and is costly) he went to the residence 3 times in 1 day (on a Sunday)- in the morning and afternoon 2 different people answered the door and he was told respondent was not home. In the evening around 6 or 7 pm he was ignored and nobody answered the door at all.

Next time the process server goes there, he/she can effect service by leaving the papers with any adult who answers and thereafter mailing copies of the papers pursuant to Code of Civil Procedure Section 415.20. Any competent process server should know that (and the cost shouldn't be more than about $60-75).

Share this post


Link to post
Share on other sites

I always get the bill afterwards as well. But the amount is different depending on whether or not the service was successful, and I'm not sure the timing of the bill has much of anything to do with the terms the engagement. I cannot categorically say that some process servers in CA won't make an attempt and not charge unless successful. However, I wouldn't want to use such a process server because I wouldn't expect someone like that to put much effort into the job.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0