Today as divorce cases are on the increase in all the states including California , the papers will soon be served out as the pile of papers just increase and make it difficult for everybody.
Check with your attorney to see if the papers are served. Or check with the server that you used to serve the wife. When the divorce papers are served the server has to report it to court that the papers have been served so check the court records if your attorney is not available to answer your questions.
If you are not served court papers in California, the court may not have jurisdiction over you and may not be able to proceed with the legal case against you. This could potentially result in the case being dismissed or delayed until you are properly served with the court papers.
That is dependent on the rules and regulation on service by the court of jurisdiction.
the divorce papers must have a court seal and sign by the clerk of court
There is a process that has to be followed in court cases like this. If someone cannot be served papers, there is "public notification" that can be published in the local newspapers and the court will mail a notice to the last known address. If there is no response at the scheduled hearing, the court can allow the case to proceed. The first order of the case is too see if the proper procedure was followed. If it was then the court can rule that a default exists and the divorce is granted. One of the parties has to be present and a judgment will be entered into the court records. If the court granted a divorce then the answer is yes. You are legally divorced. You can contact the court and request a copy of the decree.
If divorce papers are not served within six months of filing, the court may dismiss the case for lack of prosecution. However, the filing itself is not automatically nullified; the petitioner can typically refile the divorce papers. It's essential to check the specific rules of the court where the case was filed, as procedures can vary by jurisdiction. To avoid dismissal, it may be advisable to serve the papers and follow up on the case promptly.
You go to the courthouse, get the forms, fill them out, pay the court fee and file the papers with the court. You then become the Plaintiff in the case and must make sure that the Defendant is properly served.
Go to the Clerk of the District Court in the county where your divorce papers were filed and get a copy.
Yes you can. The process is different because one individual is incarcerated and would not be able to attend the court precedings. You can send the divorce papers to them through the mail yourself or have it sent through a lawyers office as legal mail. The incarcerated individual would then sign the papers and send them back so that your can file the papers with the court and get your divorce.
Essentially, the procedures are the same as if he were not an inmate. You will file the divorce. He will be served papers. Where it differs is he may not be (likely will not be) writted out so that he can attend any court hearings.
No. The judgment would be entered by the court. You can visit the court and request a copy of the judgment of divorce.
Generally you file the papers with the clerk of the circuit court.