Whittier, CA asked in Divorce for California

Q: I was served papers responding to my request for divorce and the papers were not stamped as "filed". Are they valid?

I know that I had to file my request for divorce with the court clerk prior to having the docs served and I would like to know if the same is true for the response. Also, how do I find out if he filed the documents within the 30 says allowed?

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1 Lawyer Answer
Jeffrey Moore
Jeffrey Moore
Answered
  • Campbell, CA
  • Licensed in California

A: A Response doesn't need to be filed before it is served. You should check with the Court Clerk's office to be sure that the Response was in fact filed, and when it was filed. If more than thirty days has elapsed you can proceed by default by filing a Request to Enter Default and serving it on him.

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