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CCP §415.30, 413.20 1) Defendant signs and returns Acknowledgment of Receipt no later than 20 days after plaintiff mails Notice and Acknowledgment Form.
(E) Dismissal as to Defendant Not Served. (1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.
PROOF OF SERVICE. A proof of service is, in almost all instances, required to be attached to documents that you are filing with the Court. This document is ?proof? to the Court of the ?service? you completed for the document you are filing.
Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.
6. Once the Complaint for Divorce is served upon the spouse, he or she has 21 days to file an Answer with the court. The Court Rules states that in the Answer the Defendant must either admit or deny each of the allegations in the Complaint.
Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.
If you do nothing after your spouse files for divorce, your spouse can pursue the divorce without your input. If this happens, a judge can sign the final divorce order (the Judgment of Divorce) with only the terms that your spouse wants. This would be called a default judgment.
The Summons and Complaint The summons is a form filed by the plaintiff's attorney telling the other party that a divorce action has been filed. The summons advises the defendant that he or she has 21 days to file an answer if served personally, and 28 days if served by certified mail or other means.