I was served divorce papers. When does 30 day notice begin? If it ends on a weekend or holiday? Any form to extend response?

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I was served the following papers. FL-120, FL-2 (ADR), FL 335 (Proof of mailing). Is there a form to extend the 30 day period? If so, what is the form number? Is it provided at the place you pay and file? Is there a fee? Will they ask for a reason for the extension? My reason for doing so is that I am hoping my spouse will soften and change his mind. Once I file the response, how soon do the copies have to be mailed to my spouse? For example: If I got the papers on Nov 9, 2011, is the last day to file Dec 9, 2011? And if I got the papers on Nov 10, 2011, is the last day to file the response Monday, Dec 12, 2011?

Attorney Answers

2
Nadine Jett ·
You did not provide enough information. Were the papers mailed to you? If so, and you have not signed the Acknowledgment, then you have not yet been legally served, and the 30 days have not yet begun. If you were PERSONALLY SERVED, the documents were handed to you, the 30 days begins the day they were handed to you. The Response must be mailed to your spouse the same time you file the response, otherwise they will not accept the response. No, you cannot file a document to extend time to respond. Your ex could agree IN WRITING to extend the time for you to answer, however, if both of you are not represented by an attorney this is NOT A GOOD IDEA. If served on November 9th last day to file is December 9th. If served on Nov 10th, yes you have until Monday Dec 12. DO NOT DELAY. File your response now. If he "softens" and wants to dismiss the case, he can with one sheet of paper. Do not risk losing your rights because you are hoping for something that may, or may not happen. Most men that file for divorce mean it, and follow through with it. This is not a game. You are not going steady and breaking up. Your legal rights are at stake. While I am hopeful you reconcile, do not gamble with your life and future. File your response now. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
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Diana Lucia MartinezDivorce / Separation LawyerOntario, CA ·
The due date for your response depends on how you were served. If it was in person, you have 30 days from date of service. If the date falls on a holiday, it is the next business day. The reality is that you are exposed to a default being taken against you if you do not file by the deadline. But your spouse will have to request the entry of default AND provide you with notice of such request. If you were served by mail with a notice of acknowledgment and receipt, service is not proper, and the 30 days does not start to run, until you sign, date, and return the notice of acknowledgment and receipt. In that case, the 30 days start from the date you signed the form. There is no form for requesting an extension on the deadline by which to respond. You and your spouse can agree to a different deadline (extending the time frame). But if your goal is to prevent the divorce and your spouse really wants the divorce, I would doubt your spouse would be inclined to extend the date. If your spouse has filed, that's a pretty clear sign that he is done with the marriage. He paid the filing fee ($395.00), he completed the forms, he had you served. It seems pretty clear that he is ready. That doesn't mean all hope is lost. I don't know enough about your situation to say. What I can tell you is that in most of the divorces that I and my colleagues have handled, there is one spouse who was ready for the divorce a year ago and one spouse who still can't believe it's happening. There's a tremendous disconnect that can cause a lot more conflict. My suggestion to you would be to speak with a divorce coach and an attorney experienced in handling these cases in a peaceful, problem-solving process. It will slow things down so that you can both explore all options available to you. If counseling will help save the marriage... GREAT! If your spouse is truly done with the marriage, you will need someone to help you come to terms with that reality, find peace within yourself, and help you so that you can focus on the decisions that need to be made. I hope this information is helpful to you. I am truly sorry that you find yourself in this situation. It's never pleasant, but especially during the holiday season. Good luck.
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