If a couple both decide to sign divorce papers, does one have to be served or can they just both sign and file in court afterwards?

Asked on July 30, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

A dissolution is considered a legal action like any other.  The requirements of due process and notice require that one party have papers served on the other.  You can write up a marital settlement agreement--sign it and submit it to the court shortly after filing, but a suit must still be filed and served.


Best of luck.


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