Deadlines for Serving and Finishing Divorce, Legal Separation, Nullity or Parentage Cases

Deadline to serve the Respondent

The California Code of Civil Procedure section 583.210(a) requires the Summons and Petition to be served on the defendant within 3 years from the date the case was filed.

Here are some common problems and how to correct them:

  • Respondent was served within 3 years but the proof of service was not filed.
    • Resolution: File the proof of service
  • Proof of service was filed but there is a problem(s) with the way the form was completed.
    • Resolution: Have the person who served complete an Amended Proof of Service to correct the problem(s).
  • Respondent was served within 3 years, but server did not complete a proof of service.
    • Resolution: If the server remembers the exact date, time and location of service, have them complete a proof of service and file it with the court.

If you are unsure whether your case was served timely and properly, you may contact the Self-Help Center . 

Deadline to obtain a Judgment

The California Code of Civil Procedure section 583.310 requires these cases to be brought to trial or Judgment within five years from the date the case was filed otherwise the case is subject to dismissal. 

Here are the exceptions to this rule:

  • There is a court order for child support, custody or visitation AND the order has not been terminated either by the court or by operation of law. For example, if there is a custody/visitation order and the child turns 18 that order would no longer keep the case from being dismissed.
  • There is a court order for spousal support AND the order has not been terminated by the court.
  • A Domestic Violence Restraining Order has been issued AND the order has not been terminated by operation of law or the court.
  • An issue in the case has been bifurcated AND a separate trial was conducted as to that issue.

Options for proceeding if your case has exceeded either of these deadlines:

Stipulate to extend time: 

You and the other party can agree to extend the time to serve and/or finish your case. Click here  for a Stipulation and Order form and instructions. Both parties must sign and date this form, then follow the instructions for submitting it to the court. If you are not sure which boxes to check, contact the Self-Help Center . 

Dismiss and start a new case:

A Request for Dismissal may be completed and filed as indicated below:

  • If there is no Response filed, the Petitioner (person who started the case) may complete and file a Request for Dismissal.  
  • If a Response has been filed, both parties must complete (must sign and date the same form) and file a Request for Dismissal. If either party is not available or able to sign the dismissal, you may ask the Clerk’s Office to initiate a dismissal due to the age of the case. You may email them at ssfamilyinfo@scscourt.org .

You may obtain the form online by clicking here . Either party can start a new Divorce after the old case is dismissed. If Santa Clara County is still the proper location for filing, you may attend our online Divorce Workshop for help starting a new case.