Out of State proper service?

What is the name of your state? CA

Husband filed for divorce in CA, I'm in another state. Service was by mail w/Acknowledgment & Receipt for me to sign. The atty had dated it, but not signed by date. Was advised by court clerk to return it to opposing atty for reissuance.

1.Since I didn't sign the Ackw. & Recpt yet, have I legally been served?
2. How can I inform the court I was improperly served since I havent filed Response yet?

sevengables said:

What is the name of your state? CA

Husband filed for divorce in CA, I'm in another state. Service was by mail w/Acknowledgment & Receipt for me to sign. The atty had dated it, but not signed by date. Was advised by court clerk to return it to opposing atty for reissuance.

1.Since I didn't sign the Ackw. & Recpt yet, have I legally been served?
2. How can I inform the court I was improperly served since I havent filed Response yet?

Click to expand...

My response:

There is no need to "inform the court" about anything at this point. The fact remains, you're not served with process until you sign, date and return the "Notice and Acknowledgement of Receipt".

If you don't sign it, and return it, he'll have to serve you by some other method.

However, if it's your desire to "get the show on the road", then go ahead and return it signed and dated.

IAAL

Thank you IAAL...

I've gleaned lots of info from your replies in this forum. I do want to get this on the road and thot we were going to settle by written agreement, but my husband decided to ask for alimony and atty fees. I take care of my elderly parents and am finishing my degree parttime soon so I'm not able to fly to CA for hearings. In the govm't, state and local court rules (OC) it allows for telephonic appearance, but the court clerk informed me it's up to the individual department judge and my judge doesn't allow telephonic appearance - I don't understand how he can override these rules? Can you enlighten me? Ergo, the reason for not signing the Ack/Recpt so I could regroup- plus the atty hadn't signed it but it was dated. I know his atty didn't advise him to ask for alimony because he refers to my husband as an "uncooperative client". So it looks like his atty and I are in for some work. I guess I could file in my state since I haven't technically been served yet, but I don't think my state would have jurisdiction over the pension plan?

Can you also enlighten me as to the meanings of "inconvenient forum" and "tenative" hearings/appearances? The clerk mentioned these but told me I'd have to speak with an atty as they considered this legal advice (which I cannot afford yet). Your knowledge will be greatly appreciated.

Thanks again.