Legal Question in Family Law in California

My husband filed for divorce in Sacramento County on March 22, 2012. He still has not served me with the paperwork (April 15, 2012). When he originally petitioned would he have received a hearing date? What happens if we miss the hearing date or I do because he never actually served me? How long does he have to serve me?


Asked on 4/15/12, 10:25 pm

1 Answer from Attorneys

Each county is different, but it would be unusual for him to receive a hearing date upon filing. In most counties no hearing is scheduled until someone asks for one, or after a certain period of time has passed since the initial filing. Generally a party who files has 60 days to serve any proceeding. That is a deadline that is far more often honored in the breach, since there are no penalties that go with failure to comply. If you want to move things along, you are free to get copies of the filing from the court and respond without being served. There is no law or rule that says you have to be served before you respond to a legal action you know about.

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Answered on 4/15/12, 10:47 pm


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