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When it says "Petition Filed. Summons Issued." on the divorce case, does it mean that husband has filed and sent a copy to me?

San Bernardino, CA |

I checked the case on the San Bernardino County public access report, and the last action/minutes says that. I was wondering if that means that he has sent a copy to serve me.

Attorney Answers 4

Posted

It means he filed the petition and a summons was issued. However, it does not necessarily mean that service of process has yet been effectuated. In other words, it does not mean that he has actually taken the next step of getting you served.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

THat's exactly what it means. He has filed and will attempt to serve process.

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Posted

No - that is not what it means. It just means that he filed a Divorce case. If you want to accelerate the process, you can go to the Court where the case was filed, purchase a copy of the documents that were filed, and prepare, file and serve your Response and any associated documents that may be required. You would best at least consult with, if not retain, an experienced Family Law Attorney.

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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Posted

It means that he has filed a petition and the court gave him back the court stamped summons and petition so that he can serve you. "Summons issued" just means the court has stamped it and it can be served. A case has been opened. He must now have you served and once that is completed, he will have to file a proof of service with the court, at which time you will have 30 days to respond. But not until you are properly served.

I hope this response is helpful. If you have other questions, let us know. Good luck.

Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.

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