When dates are considered divorce when filing, separation date, filed date or date served?
3 attorney answers
Please do not make the mistake that many self-represented people do, and assume that the date is what matters. The date is simply a limitation, but has NO other legal significance.
If you want to know when you will be divorced, you need to look to when you will get your JUDGMENT of divorce. That does not happen until you submit a proposed judgment (along with several other forms) and it gets approved by the court. Only when you get your Notice of Entry of Judgment (one of those other forms) in the mail will you know that you are divorced.
This is where the "six months" rule comes in: Sometimes it's possible to submit a proposed judgment and get it back approved before the six months have passed from the date that the Respondent was served. In such a case, the Judgment will indicate that the MARITAL STATUS "will be terminated" on a date in the future that complies with the rule. So, even if you get your divorce judgment approved by the court, you may not be single, yet; check the date on the Judgment (it says when).
Consider getting help, so that you can avoid such "unforced errors." You can sometimes find an attorney who will give you four a nominal fee, even if they don't 'represent' you.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
The six month date runs from the time the respondent was served with process. You do not have 35 days to answer, but then luckily for you your summons says exactly what you do have. It’s 30 days in California no matter what attorneys from out of state may think or say.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
The time runs from when you were served. You have 35 days to answer. I assume your spouse resides in NJ? If you both reside in CA, you will need to contact a CA attorney to inquire as to your laws.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.