LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Question #48

We live in California. My wife has filed for divorce but has not served me with them yet. Her reason is because of other things going on in our lives right now, (a daughters marriage) we don’t have the time or energy to work out a financial agreement before the 30 day response time is up.1- How long can she hold the papers before serving me? 2- I do have 30 days to respond once I am served but does a financial agreement and children’s custodial agreement have to be completed and agreed upon in those 30 days too? Or do they just have to be completed and filed before the final papers are signed? Thanks for your time.

Check with the County clerk’s office in the court in your jurisdiction to find out how much time your wife has to serve the summons once she has purchased the index number. Concerning the second question, you have to prepare an “Answer” (respond) by agreeing with or denying the allegations made in the complaint within the specified days of receipt. Still, such agreement or denial should be broad ( ” e.g., I deny every allegation made in paragraph 1″). The actual settlement discussions can follow, and there is no time limit once you have appropriately answered. I strongly suggest you seek an attorney-mediator in your jurisdiction experienced in matrimonial matters to mediate your divorce. He or she can assist you with the legal documents necessary.

Good luck!

Leonard M. Weiner Esq. / Divorce Solutions

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