Legal Question in Family Law in California

I served my spouse with my Declaration of Disclosure (for divorce) by mail and it was returned to me. I am the respondent. I also had him served with another Response packet, since there was a discrepancy in the service of the first Response that was sent to him. That packet was returned to the server also. Obviously he has moved but has not advised me of his new address. What should I do to get him served. I know that the Declaration of Disclosure has to be served within 60 after I received the Petition. I was served with the Petition on the 20th of April. The 60 day time frame is getting real close and I'm unsure what to do from here. Could you please advise me as I don't want to screw this thing up. Thank you, Sara Klein

Asked on 6/17/13, 6:41 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You can't serve documents in a case that you are a party too. I know that sounds weird, but it is to prevent fraud. It's not a hundred percent error proof, and problems crop up here and there, but it reduces problems.

He gets served by someone over the age of 18 that is not going through the divorce. He gets served at the address he has listed in his papers until he has served and filed a notice of change of address.

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Answered on 6/17/13, 8:11 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

The Declaration of Disclosure is served by mail. That is place it in an envelope with 1st class postage and deposit it in the mail box. Have a friend sign the proof of service and drop the letter in the mail. If he has an attorney mail it to the attorney. If he is representing himself mail the Declaration of Disclosure to the address on the top of the latest document he has filed with the court. It is his duty to keep the court and you up to date on his address.

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Answered on 6/17/13, 8:45 pm
John Laurie Gertz and Laurie

As discussed above you need to have a third person serve the documents by mail to the other parties address of record.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.

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Answered on 6/18/13, 11:24 pm

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