How long does my wife have to serve me the divorce papers after filing? 4 Answers as of June 29, 2011

My wife has already filed but I have not been served papers yet. How long does she have until she has to refile again?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Code of Civil Procedure Section 583.420 permits dismissal of a case for delay in prosecution if service is not made within two years after the action is commenced. Your local county rules may have more stringent requirements. If you want to get the case moving, ask your wife for a copy of the papers that she filed, and you can prepare, file and serve your Response.
Answer Applies to: California
Replied: 6/29/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
I'm not sure what county you're in, but in Marin or Sonoma County, the case will not be dismissed unless both parties don't show up to the first Status Conference, which is scheduled for about a year after the divorce petition is filed. If neither party shows to that first Status Conference, then the judge will dismiss the case, and the "petitioner" would have to re-file if they wanted to pursue the divorce. Thus, the answer to your questions (in the above-said counties) is: about a year. If you're case was filed in another county, then call the court clerk for that county court and ask when the court will dismiss the case if no further action is taken by the petitioner.
Answer Applies to: California
Replied: 6/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Summons in a dissolution in California must be served within 120 days after filing the Petition.
Answer Applies to: California
Replied: 6/16/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It depends upon the jurisdiction. The courts in Ventura County, California will dismiss the action if the other party isn't served within a reasonable period of time (unless attempts have been made and a locate action is taking place). The petition itself is invalid in all circumstances after 5 years. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/16/2011
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