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Papers served personally by Ex Wife in CA

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takesavillage

Junior Member
What is the name of your state (only U.S. law)? CA
My Ex dropped off "Order to show cause" and "Order Shorting notice" at my on-record attorney's office yesterday. (I just let go my attorney).

I understand that these are grounds of dismissal as I was not served correctly.
My Q: What is the California code I can use as a reference ?

I have read this: California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment: Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment: Step 2: Serve Your First Set of
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? CA
My Ex dropped off "Order to show cause" and "Order Shorting notice" at my on-record attorney's office yesterday. (I just let go my attorney).

I understand that these are grounds of dismissal as I was not served correctly.
My Q: What is the California code I can use as a reference ?

I have read this: California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment: Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment: Step 2: Serve Your First Set of
Better idea -- Start planning you defense for an order to show cause. Because she may also be serving you correctly and you just haven't gotten it yet. And did your attorney withdraw through the courts?
Why is she serving you with a motion to show cause?
 

takesavillage

Junior Member
Answers:
1. No, my attorney did not withdraw, I decided to represent myself. I am using my attorney's services as a consultant only.
2. She has filed (a) Ex-Parte application for orders (FM-1013) (b) Order Shortening time (FL-301).

3. I have started planning for defense.

I NEED to respond within 24 hours to "Order Shortening time (FL-301)" I want get that dismissed on the grounds that I was not correctly served as she being a party personally dropped off the papers. Q: What is the California code (of Civil procedure) that says this is NOT proper way to serve ?
 

LdiJ

Senior Member
Answers:
1. No, my attorney did not withdraw, I decided to represent myself. I am using my attorney's services as a consultant only.
2. She has filed (a) Ex-Parte application for orders (FM-1013) (b) Order Shortening time (FL-301).

3. I have started planning for defense.

I NEED to respond within 24 hours to "Order Shortening time (FL-301)" I want get that dismissed on the grounds that I was not correctly served as she being a party personally dropped off the papers. Q: What is the California code (of Civil procedure) that says this is NOT proper way to serve ?
Why bother with attempting to get it dismissed? All that will happen is that she will re-file and re-serve you properly. What will you have accomplished?
 

Ohiogal

Queen Bee
Answers:
1. No, my attorney did not withdraw, I decided to represent myself. I am using my attorney's services as a consultant only.
2. She has filed (a) Ex-Parte application for orders (FM-1013) (b) Order Shortening time (FL-301).

3. I have started planning for defense.

I NEED to respond within 24 hours to "Order Shortening time (FL-301)" I want get that dismissed on the grounds that I was not correctly served as she being a party personally dropped off the papers. Q: What is the California code (of Civil procedure) that says this is NOT proper way to serve ?
Expect to be personally served properly. She may have just dropped off a courtesy copy to your attorney. Many times that happens -- attorneys get courtesy copies of anything filed concerning their case and then the individual gets PERSONALLY served. Google California service rules.
 

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