Q: I am the petitioner in a divorce in california. Can i postpone the divorce summon to my spouse?
My spouse have been served with divorce summon and has about a week left on the response time and is asking me to postpone the deadline by agreeing to it on an email. I have not agree to anything, but am curious to if this have any legal standing?
I do not know why she want to postpone
A:
In California, once your spouse has been served with divorce summons, the deadline for their response is set by law. However, parties can mutually agree to extend this deadline. If you consent to postponing the response time, it's essential to document this agreement clearly and preferably in writing. Such an agreement can have legal standing, provided it is communicated clearly to both parties and potentially filed with the court.
To ensure that this agreement is acknowledged by the court, you might consider filing a stipulation with the court. A stipulation is a formal agreement between both parties in a case, which, once approved by a judge, becomes a court order. This process can help avoid any misunderstandings or disputes about the extension in the future.
If you're unsure about the implications of granting this extension or how to proceed, it might be wise to consult with a legal professional. They can provide guidance tailored to your situation, ensuring that your rights are protected and the process adheres to California law. Remember, clear communication and proper documentation are key in legal matters to prevent any potential issues down the line.
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