If your spouse has served you with a summons and petition for divorce or legal separation and you feel as though the court cannot exercise jurisdiction for one reason or another, you may need to immediately file a Motion to Quash. This motion will prevent the court from making any order in the case your spouse has filed for. However, it is important to speak with an experienced family law lawyer at Wallin & Klarich to determine whether or not a Motion to Quash is applicable in your specific situation.
A Motion to Quash Service of Summons does not place into issue the merits of your spouse’s petition for divorce or legal separation. The only issue this type of motion brings forth for the court to determine is whether or not the court has personal jurisdiction over you in the case. Personal jurisdiction permits the court to make orders that affect you in a case to which you are a party. If the court does not have personal jurisdiction over you, then the court cannot make any orders against you or that affect you in the case.
A Motion to Quash Service of Summons must be filed and served within a 30-day period after you have been served with the summons and petition. A timely filed motion will not be considered as your general appearance, thus preventing the court to take personal jurisdiction over in the case. Additionally, a timely filed motion prevents your spouse to enter a default against you because you have not filed your response to the petition within the 30-day period. Plus, if the court denies your motion, because you filed the motion in a timely matter, the 30-day deadline to file your response is extended.
When filing a Motion to Quash Serve of Summons, you—the person who has been served with the summons and petition for divorce or legal separation—have to present some admissible evidence that contends the court’s jurisdiction. However, the burden of proof will be upon your spouse who filed the petition and will have to show a sufficient basis for the court to have jurisdiction over you in the pending case.
If you believe that the court lacks personal jurisdiction over in the pending divorce or legal separation case, it is important that you hire an experienced and knowledgeable family law lawyer who can explain a motion to quash and how this will affect the pending case. Wallin & Klarich has experienced family law attorneys who can help you today who will be there when you call. If you have questions or concerns about your case, call us at 888-749-7428. With offices throughout Los Angeles, Riverside, San Bernardino and Orange Counties, we are able to be there for you wherever you happen to live.
