Will the proof of service affect the 6 month waiting period for divorce? 7 Answers as of March 24, 2015

My proof of service of my divorce papers was rejected due to the fact I learned that I cannot serve the papers myself. So I have to redo my POS.

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James M. Chandler | James M. Chandler
The six months begins to run when the other party is legally served.
Answer Applies to: California
Replied: 3/24/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Yes, the 6-month time runs from the time that the Court obtains jurisdiction over Respondent which is usually done at the time (s)he is served. Your post is botched; the service, NOT the proof of service, is the problem.
Answer Applies to: California
Replied: 3/24/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
The actual date of service is what triggers the 6 months period. So if service was defective then the 6 months has not starting running. Remember also that the 6 months is not automatic, you must filed all the required papers and the divorce is only final when the Judgment is entered by the Court.
Answer Applies to: California
Replied: 3/24/2015
Peyton and Associates | Barbara Peyton
Yes. The six months runs from the date the other side is properly served with the papers.
Answer Applies to: California
Replied: 3/23/2015
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
The 6 month waiting period has not begun because your spouse has not been properly served - it is not simply a defective pos, it is defective service. You need a non-party to serve your spouse then the clock starts ticking.
Answer Applies to: California
Replied: 3/23/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Yes, in California, the first day you are eligible for a divorce is six months and one day after she is properly served. If she files a Response before you get her properly served, the court will use that as the starting date.
    Answer Applies to: California
    Replied: 3/23/2015
    The Goldberg Legal Group
    The Goldberg Legal Group | David Goldberg
    Yes it will affect the 6 month period. It would be 6 months from the earlier of either proper service or if your spouse files a response to the divorce.
    Answer Applies to: California
    Replied: 3/23/2015
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