What You Need to Know About Serving California Divorce Papers Out of State
California courts outline how divorce papers are supposed to be served out of state. Here’s how to serve California divorce papers out of state.
If the spouse who has to be served lives outside the state of California, they can usually be served by mail. The person serving the papers must complete a form that outlines how the papers were served.
Important Information About the Service of Court Papers
California law requires formal notice to be given to the other spouse when a divorce process has begun. The legal way to inform the other spouse of the beginning of the divorce process is to have the spouse served with a copy of the paperwork that the petitioner (the one filing forms in court) has filed.
The other spouse must receive copies of any papers the petitioner files with the court. The law dictates that only certain people may serve court documents. When “serving,” a third person (not the petitioner) is the one who will physically deliver the paperwork to the other party. A server may be a friend, relative, coworker, county sheriff, professional server, or anyone over the age of 18 who is not a part of the case. The server also must serve the paperwork to the other party within the amount of time allocated. Until the other side has been served, a judge may not issue any permanent orders or judgments.
Related: How to Serve Divorce Papers in California
A petitioner in a divorce case must have the proper legal documents served to the responding spouse (respondent) within 60 days from the date of filing. The service may take longer than the 60 days, but only in the case when the petitioner requests more time from the court. After the divorce papers are served, the respondent spouse has 30 days to respond to the petition. If the respondent does not respond to the service within 30 days, they lose their right to speak about the divorce in court.
Related: How to Respond to Divorce Papers in California
Type of Service for Someone Outside the State of California
California Code of Civil Procedure §415.40 dictates that the type of service for a party living outside the state of California may be done through Service by certified mail. When a party lives outside the state, papers are usually served by sending a copy of the paperwork through first-class mail, postage prepaid, and return receipt requested. In addition, the server must complete a Proof of Service, which tells the court that the petitioner had their spouse or domestic partner served with the legal papers to start the case. It also details when and where the papers were served, and who served them.
In the Case Where a Party Does Not Know the Whereabouts of their Spouse or Domestic Partner
If one does not know where their spouse or domestic partner is, there are two options: Service by publication, or Service by posting.
Service by publication means that the petitioner publishes their legal documents in a generally circulated newspaper where the spouse is likely to be. Typically, a newspaper will charge a fee to publish the document. In addition, the document(s) will have to be published for 4 weeks in a row, at least once a week.
Service by posting means that the server or the court clerk (depending on a court’s procedures) posts the document(s) in a visible place designated for court notices at the courthouse. In order for one to do service by posting, one must qualify for a court fee waiver.
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