Legal Question in Family Law in California

CA Family Law: Process serving, do I need the court forms stamped by the Clerk BEFORE I serve the party or AFTER I serve the party. I need to do a change of address, and the clerk already stamped my notice of change of address/contact information, but I have not yet served the other party. Did I do it wrong? Are all court papers stamped before or after service?


Asked on 1/28/14, 5:08 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Some forms are filed then served. Some forms are filed after being served or when other papers are served. I think if you are this confused over service of the papers you will have difficulty through this process. You need to get an attorney.

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Answered on 1/28/14, 8:54 pm

Mr. Green is entirely right. You are in over your head if you don't even understand this relatively simple legal process. For a change of address, however, it doesn't really matter much. You were supposed to have the person served and then attach the proof of service to the change of address form and file them as one document. Some clerks will reject papers that are supposed to have a proof attached, but most won't bother to make a fuss about it as long as you the serve the other party and file a separate proof of service.

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Answered on 1/29/14, 9:43 am
Anthony Roach Law Office of Anthony A. Roach

The summons and petition are filed, and then served. That's because the court has to stamp the petition. A request for order is usually assigned a date by the court and is stamped first, and then served. Motions are usually served on the day they are filed. There are many rules and exceptions, and for this reason you have to either go into a public law library and teach yourself this stuff as fast as possible, or get assistance from an attorney for a reasonable fee, or see a family law facilitator.

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Answered on 1/29/14, 10:07 am


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