When a spouse files a petition for divorce or restraining order, a copy of the filed documents must be given to the responding party. This is known as service. Service is proper if it has been handed directly to the responding party. The person serving the documents on the responding party files a proof of service which has been signed under penalty of perjury with the court. The proof of service creates a presumption that service was proper. If the responding party fails to respond, then the petitioner can proceed without the responding party’s participation.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.