Willows, CA Divorce Law Firms & Lawyers

What amount, if any, of his 401(k) is something the court decides during the divorce proceedings. If you have already been divorced and the judgment of divorce does not provide anything for the 401(k), they you need to speak to an attorney ASAP.

You need to check with the process server to see if he was served; although, normally the process server will return an affidavit of service after serving the papers that will need to be filed with the court. Some will file the affidavit directly. You can check on CCAP to see if it was filed. The service on your husband starts the time for him to answer. You will have to iron out any dispute with the process server. You could be holding back either serving the papers or providing the affidavit until he is paid. This could delay your divorce and if it goes on too long and your husband is not served, you will need to refile and pay the filing fee again. Technically, if the process server promised you a flat fee and then overcharged you that is misrepresentation. Most process servers, however, charge based on several factors i.e how far they have to go, how many attempts were necessary etc. and do not provide a flat fee.

You will have to request a nunc pro tunc court order from the court where you filed. That will work if you have finalized the division of property and or have a court order for child or spousal support. Otherwise you are technically in a bigamous marriage.