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Filing and Serving Timing - Divorce Documents

San Diego, CA |

My petition has been served personally and all the other forms were also servied by mail. I had two hearings already. Now, when I want to make an amend or update any forms from this point, can a server mail the form to the other party first with a proof of service and then I can file the form and proof of service with the court (possibly a later date)? I always file forms withe the court first then have a friend serve the form to the other party then go back to the court and file the proof of serivce. But I was wondering if I can save a trip to the court and file everything all together? I need to file updated PDD, update Income and Expense, and a Motion.

Attorney Answers 3

Posted

Some things cannot be served until after they are filed, such as summons and complaint and OSCs. Other things can be served before they are filed, in which case you can file your proof of service at the same time to file the documents. This is so for the Income and Expenses declaration, Motions, etc.

Also, you can file things by mail, eliminating the driving to court step in your matter.

Best of luck to you.

Attorney Rebekah Ryan Main

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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. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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.

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Asker

Posted

Thank you for your advise. I tried to find the information as to how to file documents by mail, I couldn't. Do you happen to know where I could find such information? I am in San Diego County.

Rebekah Ryan Main

Rebekah Ryan Main

Posted

Call the court clerk. Generally you just put the document to be filed, a photo copy of the face sheet, any filing fee, and a self-addressed stamped envelope in the mail to the court clerk. They file it and send a conformed copy back.

Posted

As of July 1, 2012, we no longer have "Motions" in California Family Law. Instead, we have a "Request for Order". A Request for Order (and any accompanying Income and Expense Declartion) is filed first, and then served, and after service, the Proof of Service is filed with the Court. Other documents, including Responses to a Request for Order, Reply Declarations, Declarations of Service of Declarations of Disclosure, etc., are served with an attached unsigned Proof of Service before the original with the attached signed Proof of Service is filed with the Court.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Asker

Posted

Thank you very much for your advise! So If I am only filing the Income and Expense alone (without a Request for Order), can my friend serve by mail to the respondent along with the Declarations of Service of Declarations of Disclosure before they get filed with the court?

Donald Frederick Conviser

Donald Frederick Conviser

Posted

Yes - that is how it is supposed to be done.

Asker

Posted

Thank you!

Posted

File your "Request for Orders" along with a current Income and Expense Declaration if your request has to do with financials (i.e., child support, spousal support, attorney's fees, etc.). The court will assign a hearing date to you, and then you need to serve the other party. Give him/her a copy of everything you filed with the Court.

The person serving the Request for Orders, etc. then needs to fill out the Proof of Service, which is filed with the Court. You do not need to personally serve the Request for Orders.

Also, remember that you do not file PDDs with the Court. The only form you file with the Court is the Declaration Regarding Service of PDDs. There is no reason why your Schedule of Assets and Debts needs to be a public record (which all family law court documents are). Other than that, I think you're on the right track. Good luck to you.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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