What if my spouse did not get served with divorce papers within the 30 days of filing? 7 Answers as of June 13, 2011

I filed for divorce on 05/07/2011 and submitted my papers to be served to my ex-spouse on 05/21/2010. However, he has not been served yet and it is now past the 30 days I had to serve him. What happens now and how does this affect me?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You did not indicate to whom you submitted the papers to be served on your spouse. If you submitted them to a private process server, the private process server should know how to substitute serve your spouse if your spouse could not be located and served after three attempts. If substitute service isn't possible, you may need to have your spouse served via publication after a private investigator has diligently endeavored to locate your spouse, without success. You would best have at least a face-to-face consultation with an experienced Family Law Attorney, if not retain the attorney, to get your case served and moving.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You do not have to serve him within 30 days. Your spouse has 30 days from the date he is served to respond.
Answer Applies to: California
Replied: 6/13/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Normally, this does not matter in a family law case. he has 30 days to respond from the date he is served.
Answer Applies to: California
Replied: 6/10/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If you're in California, you can simply try to have him served again. If he is served after 30 days from filing the divorce petition with the court and related papers, it will not matter. If you cannot get him personally served due to him avoiding service or his whereabouts cannot be discovered after due diligence, then you will need to go back to court to get an order for "service by publication." Call a local family law lawyer to discuss, as "service by publication" is a somewhat complex process.
Answer Applies to: California
Replied: 6/9/2011
The English Law Firm
The English Law Firm | Robert English
There is not a 30 day limit to serve your spouse. Your spouse has 30 days to respond once they are served. Eventually, the court can dismiss your action if it is not served, but that usually takes quite a long time to reach that point.
Answer Applies to: California
Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You have more than 30 days to serve the other party. The other party has 30 days to file a response once they are served. I think you might be a little confused. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    There is no rule that says you have to serve the other party within 30 days of filing the petition for dissolution of marriage. You are probably confusing this with the 30 days that the other spouse has to file a response once he/she has been served with the necessary documents. You may go ahead and have him served.
    Answer Applies to: California
    Replied: 6/9/2011
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