CA legal question: Time frame for response to Petition for Divorce

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CA legal question: Time frame for response to Petition for Divorce

My spouse and I have been seperated for 17 months. I filed for divorce mid-May. The process server spent 2 weeks trying to get him to answer the door at his parent’s house where he lives. She finally was able to catch his mom and sub-serve her. The process server said she would mail them the next day and he would be considered served at the end of 10 days after mailing. I know he has 30 days to file a response but when did that start?…when mom was served, when the papers were mailed, or on the 10th day after mailing? Thanks for your help

Asked on June 24, 2009 under Family Law, California

Answers:

Edwin Fahlen / Law Office of Edwin Fahlen

Answered 12 years ago | Contributor

California Code provides that service is effected the date of mailing the copy, and the time to respond is extended 10 days.  So the time to respond is within 40 days from the mailing of the copy of the pleadings.


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