Hayward, CA asked in Divorce for California

Q: If my spouse filed an RFO in response to a default divorce,but hasn't served yet, would I be served if I got them myself

New court date is in three weeks, he is supposed to serve within 16 days, but hasnt.

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1 Lawyer Answer
Gina Marie Famularo
Gina Marie Famularo
  • Corona, CA
  • Licensed in California

A: Yes, you are supposed to be served. Please do not depend on your ex to serve you, though. If you know about the date, make sure you go to the court hearing. If you still haven't been properly served by the court date, you can always ask for a continuance of the hearing and buy yourself more time. It sounds like you defaulted your ex and now he would like to set the judgment aside. If it has been within six months, be prepared for the possibility that the judge will set the judgment aside. Good luck.

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