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isho
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Reged: 02/05/11
Posts: 4
hello, need advice/help
      #729589 - 02/05/11 08:54 PM

Hello,

My soon-to-be-ex hired an attorney. We're in CA. I was served with divorce papers on 1/29/2011. It was mailed to me, along with a return envelope and letter of acknowledgement that I received the papers, which apparently needs to be returned to them with within 20 days (I thought it should be 30 days?).
In the past week I have spoken to my STBX about mediation and she has been verbally agreeable, but I don't have anything in writing from her. She is a generally reliable/stable/honest person.

I told her that she could pick the mediator, but to please let me know as soon as possible because I was told by a lawyer (just phone advice/I have not retained a lawyer yet) that her attorney needs to file a "Notice of Mediation" and a "Stay of Obligation to File Response" to the County Court within 30 days. She told me to go ahead and contact her attorney directly to discuss this. I have called her attorney last week and left messages twice now to return my call, but she hasn't yet.

I am worried that my STBX is playing games with me, pretending to agree to mediation and then dragging it out somehow and I don't want the 30 days expiring and then me losing all my rights by not having filed a response.

Please, any help would be appreciated. What should I do?

Thanks.


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Maury
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Reged: 06/02/04
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Re: hello, need advice/help [Re: isho]
      #730436 - 02/11/11 11:54 PM

First, an admission of service, which you have the option of signing, starts the time line for filing a response. If you do not sign, the divorce papers are not served and you must be served personally. Seek a proposed settlement with the documents before you sign. Then sign everything at the same tine if it meets with your agreement.

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