I filed a petition for divorce on 5/7/12 and had my spouse served by "personal service" on 5/11/12. My friend, who served the papers, has yet to give back the Form FL-115 that I gave her to sign, so I am unable to file it with the court. Is there a time limit to file this form with the court? Either from the day I filed the petition, or from the day my spouse was served?
There is no time limit but then there is no proof that the documents have been served either. If the other side files a response, the proof becomes unnecessary. If they do not file a response, your case will not proceed to default without the proof of service.
Code of Civil Procedure Section 583.210 requires service to be made within three years of the commencement of the action, and proof of service of the summons must be filed within 60 days after the time the service is made. Section 583.250 provides that the action shall be dismissed by the court after notice to the parties for lack of timely service (or proof of service).
However, your court likely has local rules which require service (and proof of service) to be made far sooner. Consult your Court's local rules. If you are unable to get cooperation from your "friend", I would suggest that you have service made on your spouse, once again, by another person, such as a registered process server.
The short answer is as soon as possible, especially if you are going to proceed by way of default. The date reflected in the Proof of Service is important because it starts the clock ticking on the 6-month waiting period to finalize a divorce.
In Los Angeles County, the matter will be set for a case management review if the Proof of Service is not filed with the Court.
However, if the other party files a Response, then the Proof of Service issue basically becomes moot since he/she has made what's called an "appearance" in the matter, and the case can move forward without jurisdictional problems.
Rebekah Ryan MainDivorce / Separation LawyerRancho Cucamonga, CA ·
There’s no time limit, but you need to get it done soon. Let me know if you need help with your divorce, I’m in your area.
Best of luck to you.
Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.
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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
