When does divorce paperwork expire? 6 Answers as of April 06, 2012

In the state of CA, if divorce papers were filed in Sept 2011, and the proof of service was lost and never filed, would I need to refile my divorce papers? Or can I use the papers I already to and re serve him? Is there an expiration for divorce papers?

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Divorce proceedings expire in 5 years from filed. It appears that you are ok to move forward with the current case.
Answer Applies to: California
Replied: 4/4/2012
Law Offices of Frances Headley | Frances Headley
If the case remains open then you can just reserve them and continue on with the case. You should contact the clerk's office and ask if the case is open or not.
Answer Applies to: California
Replied: 4/4/2012
Peyton and Associates | Barbara Peyton
After five years from the date the petition was filed, the court will dismiss it if nothing has happened. You can proceed with the current petition without filing more documents if you want to.
Answer Applies to: California
Replied: 4/4/2012
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If the respondent has already been served, then you don't need to have such person served twice. Instead, if the Proof of Service of Summons was lost before filing with the court, then simply fill out another Proof of Service of Summons form, and file it with the court.
Answer Applies to: California
Replied: 4/4/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
The Petition does not expire for 3 years, so you can serve with a copy of what has already been filed. If it was served, however, you can simply have the person who served them execute a new Proof of Service and file that. You don't need to reserve.
Answer Applies to: California
Replied: 4/4/2012
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