Serving Papers to Your Spouse During Divorce
California law requires a spouse petitioning for divorce to legally notify the other spouse of the divorce. Here’s how to serve divorce papers in California.
To serve divorce papers in California, first, gather all necessary divorce paperwork. Then, get someone over the age of 18 (not you) to serve the divorce papers to your spouse. The process server can serve the divorce papers either in person or by mail, publication, or posting.
What does it mean to serve divorce papers?
In California, a spouse that initiates a divorce must formally notify the other spouse that the divorce process has begun. Service of process is a crucial part of a divorce. The service of process includes copies of the divorce paperwork you filed with the court, along with other forms.
If your spouse is not properly served, your divorce can have a rocky start and end. Service of process is a very complicated process and should be completed correctly. If you’re not sure how to complete service of process, get in touch with an experienced divorce attorney. Our specialized divorce attorneys can help you serve divorce papers and handle your divorce.
1. Gather All Necessary Documents
Once you’ve filed your divorce paperwork with the court clerk, get someone over the age of 18 to serve these blank divorce forms to your spouse:
- Response — Marriage/Domestic Partnership (Form FL-120)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) [if you have children with your spouse]
If completed, make sure the process server includes copies of these filed and stamped forms in the service of process:
- Petition — Marriage/Domestic Partnership (Form FL-100)
- Summons (Family Law) (Form FL-110)
- Property Declaration (Family Law) (Form FL-160)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
- Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311)
Financial disclosure forms do not need to be filed with the court, but may need to be served to the responding spouse. These documents may be included in the service of process:
- Declaration of Disclosure (Form FL-140) AND
- Income and Expense Declaration (Form FL-150) AND
- Schedule of Assets and Debts (Form FL-142) OR
- Property Declaration (Form FL-160)
- Divorce settlement agreement
Depending on your legal situation, you may need to serve additional documents. Consult an attorney to properly complete, file, and serve divorce paperwork.
For more information about how to start and file your divorce, click here.
2. Use a Process Server
Understand that you, the petitioning spouse, cannot personally serve the divorce papers to your spouse. Divorce papers must be served to the other spouse by someone over the age of 18. This person can be the petitioning spouse’s
- Friend
- Relative
- Coworker
- Hired process server
- Or anyone over the age of 18
Anyone over the age of 18 that is not involved in the divorce case can legally serve divorce papers. Spouses have 30 days to respond to divorce papers. If they do not, they relinquish their right to speak in front of a judge regarding their divorce. The divorce papers will effectively be sent to a judge for approval.
Ways to Serve Divorce Papers
The process server can serve the divorce paperwork in a variety of ways. Speak with an attorney to determine which method of service of process is best for you.
Personal Service
In personal service, a process server (someone over the age of 18 not involved in the divorce):
- Gives the papers to the other spouse at any location
- Identifies themselves as serving divorce papers for the petitioning spouse
- Can leave the divorce papers on the ground if the other spouse does not want to be served
Service of process is completed the day papers are served in person. This is the most common way to serve divorce paperwork.
By Mail
In service by mail, the process server mails the documents to the other spouse. If the process server will send the paperwork by mail, he or she must attach two blank copies of this form:
- Notice and Acknowledgment of Receipt (Family Law) (Form FL-117)
Substituted Service
In substituted service, the process server leaves the papers with someone at the other spouse’s residence or workplace. Substituted service can be used if the process server has repeatedly failed to serve the responding spouse.
By Publication
In service by publication, the notice is published in a newspaper that generally in the responding spouse’s local area. Service by publication is uncommon.
By Posting
If you cannot locate your spouse, or if your spouse avoids being served, you can ask a California court to post the notice at the courthouse. Service by posting can only happen in certain situations. Contact a divorce attorney or your local court to see if you can serve by posting
Serving a spouse that lives out-of-state
A spouse that lives out-of-state can typically be served by mail.
Serving a spouse that lives out of the country
Although serving a spouse that lives out of the country is complicated and difficult, it can be done. The Hague Convention sets out a process to serve out-of-country spouses. An experienced divorce lawyer can help you use the Hague Convention to serve your spouse that lives out of the country.
3. File Proofs of Service
Process servers must file proofs of service to legally state that they served the responding spouse. After the process server (someone over the age of 18) has served the divorce paperwork to the spouse, the process server must file a
- Proof of Service of Summons (Form FL-115)
To state that their respective financial disclosure forms were served, the petitioning and responding spouses must file this form with the court:
- Declaration Regarding Service (Form FL-141)
If the responding spouse does not serve his or her financial disclosure forms to the petitioning spouse, the responding spouse loses their rights to speak about matters relating to these forms in front of a judge.
FAQs About Serving Divorce Papers in California
Can I serve divorce papers myself in California?
In California, petitioning spouses cannot themselves serve divorce papers to the responding spouse. A petitioning spouse must get someone over the age of 18 (a process server) to serve the paperwork to the responding spouse.
Who can serve divorce papers in California?
In California, anyone over the age of 18 not involved in the divorce can serve the divorce papers to the responding spouse for the petitioning spouse. The server can be a relative, coworker, friend, or professional process server. The petitioning spouse cannot serve divorce papers.
If you’re looking to hire a process server, contact Her Lawyer. We’ll get in touch with a professional, effective process server.
How long does it take to be served with divorce papers in California?
It takes 60 days from the date of filing for the responding spouse to be served the divorce papers. Service of process can take longer than 60 days if the petitioning spouse requests more time from the court.
What happens after divorce papers are served in California?
After divorce papers are served, the spouse has 30 days to respond to the divorce petition. The spouse loses their right to speak about the divorce in court if they do not respond to the service of process within 30 days. If the spouse does respond, the couple moves forward with the divorce process, including mediation, arbitration, or court.
How long does it take to serve divorce paperwork in California?
In California, a spouse has 60 days from the date they filed for divorce to serve their spouse. A spouse that filed for divorce can request more than 60 days if 60 days is not enough time to file.
How much does it cost to serve divorce papers in California?
Costs attributed to serving divorce papers may include hiring a professional server or mail costs. Serving divorce papers can be relatively cheap. California courts charge $435 to file for divorce.
How long after filing for divorce are papers served in California?
In California, a spouse has 60 days from the date they filed for divorce to serve their spouse. A spouse that filed for divorce can request more than 60 days if 60 days is not enough time to file.
Do divorce papers have to be served in California?
Yes, spouses that file for divorce must get someone over the age of 18 (a process server) to serve the divorce papers to their spouse. The divorce process cannot move forward without service of process being completed.
What should you do if you can’t locate my spouse to serve divorce papers in California?
If you can’t find your spouse, you can service by post or publication. In service by post, a spouse requests that a court posts the notice on the courthouse. In service by publication, the notice is published in a newspaper that generally in the responding spouse’s local area.
How long after being served divorce papers do you have to respond in California?
Spouses that have been served divorce papers must respond within 30 days. If they do not respond, they lose their right to speak about their divorce in court.
How do I know if divorce papers have been served in California?
Proofs of service legally prove that divorce papers have been served. If you the process server served by mail, the responding spouse must complete a Notice and Acknowledgment of Receipt (Family Law) (Form FL-117).
Do I need an attorney to complete the service of process in California?
Spouses that need to serve their divorce papers should hire an attorney. Service of process is a complicated process and must be executed properly.
If you want to hire an attorney to only handle service of process, a limited scope representation attorney can handle only certain parts of your case, while you handle other parts of your case.
Contact Us
If you’re looking to serve divorce papers in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal situation. We’re here to help 24/7. Your initial consultation is free.