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  1. #11
    Join Date
    Apr 2009
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    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting CourtClerk
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    JK/Doggie... give me the cliff notes version.

    Was this person legitimately and properly served or not?

    From the other thread, apparently served...several times.

  2. #12

    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting Dogmatique
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    From the other thread, apparently served...several times.
    Doggie - I said tried to serve... It is illegal in California for him to serve me by email or regular mail. He has to have someone else do it. I have not been served yet.

  3. #13
    Join Date
    Jan 2006
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    38,867

    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting notmyfault1311
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    Not served legitimately nor properly
    Based on your other thread, you may very well have been served. You need to investigate each of the various means of contact you specified in your other thread and determine if any of them fulfill the requirements to be valid service.

  4. #14

    Default Re: Residency Requirements for a Divorce Case

    I did... They don't. That is why he is still trying to serve me.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Residency Requirements for a Divorce Case

    Then you haven't been served and the time to respond has not begun to run. When served you can attempt to assert a lack of jurisdiction argument. I haven't chased any case law but it would not surprise me to see the courts denied the claim if the defendant was served after the time the plaintiff fulfilled the residency requirements

    there is no effective difference between the two situations if the defendant is not served until after the residency requirement was fulfilled.

  6. #16

    Default Re: Residency Requirements for a Divorce Case

    That sucks... It's people like me who obey the law and wait to fulfill residency requirements that get screwed and the liars of the world rule

    Thanks for your help

  7. #17
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting notmyfault1311
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    That sucks... It's people like me who obey the law and wait to fulfill residency requirements that get screwed and the liars of the world rule

    Thanks for your help
    what is that supposed to mean? You can file suit in your home state if you want right now.

  8. #18
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Residency Requirements for a Divorce Case

    Why do you believe service by mail and/or certified mail is illegal?


    Sure, it's not necessarily the best way, but they're both valid.

  9. #19
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Residency Requirements for a Divorce Case

    here is California's own statement regarding service of a divorce suit upon a party residing in a different state:\

    http://www.riverside.courts.ca.gov/s...ptions4serving


    • What are my options for serving the other party with a copy of the divorce petition if they reside in another state or if I am not aware of their whereabouts?
      Out of State Service:
      Certified Mail. If the Respondent lives out of state, he or she can be served by mailing a copy of the Summons/Petition and all other filed documents by certified, return receipt mail to that person. In order for service to be valid the return receipt from the post office must be signed by the Respondent, not by any other person. If the Respondent does not sign for the documents, you will need to attempt either personal or substituted service.
      Acknowledgment and Receipt: This type of service is used on an out of state or out of country Respondent. With this type of service, the server mails to the Respondent a copy of the Summons/Petition and all other filed documents, along with two copies of the Notice and Acknowledgment of Receipt (FL-117) and a stamped, return envelope. The server, not the Petitioner, must complete the top portion of the Notice and Acknowledgment of Receipt. Service is deemed complete on the date the Notice and Acknowledgment form is signed at the bottom by Respondent. As with a Certified Mail receipt, this type of service is NOT VALID unless signed by the Respondent.
      If the Respondent does not complete, sign and return the Notice and Acknowledgment of Receipt form within 20 days of the mailing of the Summons/Petition and other filed documents, the Respondent can be liable for costs incurred in serving by one of the other valid service methods. The Petitioner must file a motion for reimbursement of these costs.
      Once the Notice and Acknowledgment of Receipt is signed and returned it must be attached toProof of Service of Summons form (FL-115) and filed with the Court.
      Note: You may avoid personal service if the opposing party agrees to be served by mail. Service by mail in place of personal service may be accomplished by using the Notice and Acknowledgment of Receipt method.
      Substituted Service: If you cannot get the Respondent personally served after 3 attempts, you may have your server leave a copy of the Summon/Petition and other filed documents at the Respondent’s place of business or residence. But, you must follow the legal requirements.
      This involves leaving the documents with a person who is in charge at the regular place of business or a competent adult (someone over 18) who lives at the residence of the Respondent. The server must inform the person of the general nature of the paperwork.
      Then, the server mails a copy of the paperwork to the same address where the papers were left, so either a residence or regular business address.
      Next, the server must fill out a “Declaration of Due Diligence”. This is a document that describes all the attempts that were made to serve the Respondent personally. The Declaration is usually attached to the Proof of Service of Summons form FL-115.
      Once service is complete, the person who performed the service will have to fill out a Proof of Personal Service and that will have to be filed with the court.
      Publication/Posting: When all else fails – personal service, substituted service, service by acknowledgment and receipt, service by mail, return receipt requested, you can apply to the Court for permission to serve by Publication or Posting. This method is generally used to serve people WHO ABSOLUTELY CANNOT BE FOUND.
      If you cannot locate the Respondent you may apply to the Court to serve by Publication or Posting. Before you can ask to serve by Publication or Posting you must make a good faith attempt to find the other party. This includes mailing a letter to the last known address to see if it comes back, talking to old neighbors, checking with relatives, going to the last known employer, checking the internet, checking with family and friends, checking to see if the person owns real property in the area by going to the County Recorder’s office and any other thing you think might help you find the person.
      Your attempts to find the Respondent are put in a “Declaration”. The packet for Service by Publication is available at the Court. So is the packet for Service by Posting and Mailing. To qualify for service by Posting and Mailing, you must be low income, meaning living below the poverty level. Generally, people who are receiving public benefits or qualify for a fee waiver use this method. If the court is satisfied that you did all you could to find the Respondent the Judge will give you permission to serve by Publication or Posting. If you don’t qualify for service by Posting, then you will request to serve by Publication. This means you place a legal advertisement in a newspaper that is most likely to give the Respondent actual notice of the case. For instance, if the Respondent’s last known address is in the County of Riverside you should place the legal advertisement in a Riverside County newspaper. The advertisement must be published once a week for 4 consecutive weeks and then service is deemed complete. This manner of service is complicated and can be very costly so it should be used only as a last resort.

  10. #20

    Default Re: Residency Requirements for a Divorce Case

    JK - I play by the rules... I am not a resident here until July.

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