Hi, my name is John Griffith. I'm a divorce and family law attorney here in San Diego, California. This is one of a series of videos aimed at addressing common issues that come up in California divorce and family law cases. I should note that nothing I say is intended to be or should be taken as legal advice. Every family law case is different, and every family case has unique facts and circumstances. If you need legal advice regarding your own case, you should definitely talk to a family law attorney. My office offers free consultations, and I'd be happy to speak with you about your particular case. Today, I'll be talking about responding to a petition for dissolution. When I say dissolution, I mean divorce. California law calls divorces dissolutions. It's the dissolving of a marital relationship, but I'll reference dissolution as divorce moving forward. So, you received the petition for dissolution (divorce). Whether you like it or not, your spouse wants a divorce, and he or she has filed a petition for divorce. The first thing you need to know when you receive that petition for divorce is whether or not it was properly served. Your spouse is obligated to have someone else personally serve that petition for divorce to you, which is good service. Alternatively, he or she can have the petition mailed to you, at which point you probably received what's called a "notice setting and acknowledgement of receipt" along with it. Now, you're not required to accept service by mail, so you're not required to sign that document that says "notice" in it and acknowledgement of receipt and send it back. If you don't want to accept service in that manner and you'd rather be personally served, you can wait for your spouse or your soon-to-be ex-spouse...
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Summons and attached proof of service ( 7) nj Form: What You Should Know
Forms: Summons-in-Action — Notice of Action — Affidavit of Service to Person — Name. Filing Fee Form 7: Summons and Attached Proof of Service — Page 2 of 3 Form 7: Summons and Attached Proof of Service — Page 2 of 3. Description. In-house or third-party service is a process by which: (1) a law enforcement officer delivers a copy of a summons, a complaint, or other Civil Action Summons, to a person he or she is investigating under the criminal law, the civil law of probate, or by an independent Court order; (2) a person, agency, or entity that supplies or supplies information or otherwise makes a person suspect files a complaint alleging a violation of the criminal law, the civil law of probate, or by an independent court order; or (3) a person files a complaint to enforce an independent order. The summons serves any person named. The Summons serves any person named (excluding parties to the criminal law, probate, or independent case), regardless of where the person's domicile might lie. The Summons is the first document to be served. When the defendant knows of the suit, the party to be served responds. If a Summons is served and fails to respond within 10 days, no service is made (the summons has been returned to the clerk), and no judgment is entered. A copy of the Summons serves both the plaintiff and defendant. The law requires service of a written notice. An affidavit of service must be issued in person or by certified mail. A law enforcement officer (LEO) must take two steps to serve a summons: (1) place a copy of the summons in a mail drop box; (2) mail a copy to another LEO or to a defendant when a summons needs to be served more than once. When the defendant is identified in a complaint, they must be served with a summons. A summons may be served by a LEO or notary public at the time of service. Service of summons by Leos does not require the witness to appear in court. Form 7 for the purpose of serving a summons may contain any information that the officer desires to provide to a defendant. For example, the officer may provide the defendant's Social Security number. A defendant may use a service agent, but a defendant must retain service of summons for 30 days.
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