What can I do if a spouse filed the divorce papers but has not served me? 8 Answers as of March 28, 2012

What if a spouse filed the divorce papers but has not served me? He knew I wanted a divorce and before I was able to file papers he did so, he has yet to serve me the papers. Is there anything I can do?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Yes. You can ask him for a copy of the papers he filed, and you can file appropriate Responsive documents. Or you can file your own divorce case and have him served by somebody other than you over the age of 18 years. The first case that is served will be the operative case.
Answer Applies to: California
Replied: 3/28/2012
SHC Law | Shumsha Hanif-Cruz
You do not have to wait for him to serve you. You can file your own divorce documents and have him served. Whoever is served with divorce documents first will be the "Petitioner" in the case. So if you think he is purposely sitting on the papers and delaying the process, you can file your own documents and have him served and that will get the divorce process started.
Answer Applies to: California
Replied: 3/26/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can go to the court house and get a copy of the documents and just file your response without waiting for him to serve you.
Answer Applies to: California
Replied: 3/26/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you know he filed the petition, you can take the initiative and file your answer to the divorce and serve him the response.
Answer Applies to: California
Replied: 3/26/2012
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
Yes. You can file your own action and serve him before he serves you. That means that your case has the priority. Or, you can go to the court, get a copy of the papers he filed, and file a Response. Mail a copy of the filed Response to him and voila, you are a party. Then complete your Disclosure documents, file a Declaration Regarding Service of Declaration of Disclosure.
Answer Applies to: California
Replied: 3/26/2012
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