Tag: <span>Divorce Papers</span>

Who Can Serve Papers in a California Divorce Divorce

Who Can Serve Papers in a California Divorce?

  • November 27, 2018January 17, 2019
  • by Angie

If you’re going through a divorce on your own, you’re wondering who can serve papers in California – and the good news is that there are several people who may qualify to do so. However, you need to know that if you work with a Stockton divorce attorney, she’ll handle serving your papers for you… and she’ll tackle other tough jobs, like negotiation, child custody and all the other aspects of divorce, too.

(Learn more about how to serve divorce papers in California.)

Who Can Serve Papers in a California Divorce?

In a divorce, any of the following people can serve papers in California:

  • County sheriff or marshal
  • Coworkers
  • Friends
  • Professional process server
  • Relatives
  • Anyone who’s over 18 and is not part of the case

Serve Papers in a California DivorceThe person who serves the papers must be 18 or older, can’t be part of the case, and serve the papers in the right time frame. He or she also has to fill out a proof of service form that explains to the court whom they served, as well as when, where and how they served the party – and he or she has to return the proof of service to you or your attorney so it can be filed with the court.

Legally, you have to give the other party in any lawsuit a formal notice that you’re pursuing legal action. The technical term for this is service of process, which is shortened to service (and why you hear people on television say, “You’ve been served.”)

How Can Someone Serve Papers in California?

There are a few ways someone can serve papers in California, including:

  • Personal service
  • Service by mail
  • Substituted service
  • Service by publication
  • Service by posting

Personal Service

The documents can be personally delivered to the other party, which is called personal service. If you’re having someone serve your soon-to-be ex-spouse, he or she:

  • Can give the papers to the person being served anywhere – at his or her home, at work, or elsewhere.
  • Must identify the party being served, and hand the papers to the person. Then the server must inform the person that they are court papers. (This is where the “You’ve been served” part comes in!) If the person won’t take the papers, the server can leave them on the ground in front of the person – and even if the person being served snatches the papers away and tears them up, throws them in a dumpster or tries to hand them back to the server, the service is considered valid.
  • Must fill out a proof of service form that says when, where and how he or she served the other party.

Service by Mail

In service by mail, someone who isn’t a party to the case must mail the documents to the other party. In service by mail, the person mailing the papers:

  • Can mail to the other party’s home or mailing address.
  • Must fill out a proof of service form that identifies the person the papers were mailed to, the address the server used, and when, how and where they were mailed from.

Substituted Service

You can only use substituted service if you’ve attempted to serve the papers several times and failed. It occurs when the server, on his or her last attempt, leaves the paperwork with someone at the other party’s house. That person has to be at least 18 years old and live there. The same rules of service apply, including the server telling the person taking them that they’re legal documents for the other party, and taking down the name and address of the person who took the papers.

The server can also leave the paperwork with someone at the party’s place of employment, but that person has to “appear to be in charge” and be at least 18 years old.

Who Can Serve Papers in California - Divorce Lawyer in Stockton

Service by Notice

Service by notice and acknowledgement of receipt is when the other side agrees to be served by mail and says he or she will sign a court document saying that the papers arrived.

Service by Publication

In rare cases, you can publish the summons and complaint in a newspaper as a form of service. However, there’s a special process to use if you don’t know where your soon-to-be ex-spouse is located.

Service by Posting

Also very rare, service by posting involves you asking the clerk of court to post the summons and complaint in a visible place (usually a place designated for court notices) at the courthouse. You have to ask the court for permission to do this, just like you have to ask if you can use service by publication.

Please note that these types of service apply to divorce papers only – there are other options for serving someone with papers in different types of lawsuits.

Do You Need to Talk to a Stockton Divorce Lawyer?

If you’re thinking about divorce, you don’t have to worry about serving your soon-to-be ex-spouse or any of the other legal aspects of your case – you can work with a Stockton divorce attorney who will handle it all for you.

Call us at (209) 989-4425 or get in touch with us online to talk to a lawyer right now. We’ll help you with every aspect of your divorce, from child custody and child support to alimony and property division. We can even refer you to a divorce therapist if you need to talk to someone about what you’re going through.

How to Serve Divorce Papers in California Divorce

Serving Divorce Papers in California

  • November 1, 2018July 16, 2019
  • by Angie

If you’re like many people going through a divorce, or if you’re just thinking about it and haven’t filed any paperwork yet, you’re wondering how to serve divorce papers in California.

For most people, it makes sense to work with a Stockton divorce attorney who handles all the logistics – including service of process, which is the technical term for serving someone divorce papers. But that aside, here’s what you need to know about serving divorce papers in California.

How to Serve Divorce Papers in California

If you intend to serve your spouse with divorce papers, you have several options, including:

  • Personal service
  • Service by mail
  • Service by notice and acknowledgement of receipt
  • Service by publication or service by posting (in very rare instances)
  • Substituted service

Personal Service of Divorce Papers in California

Personal service means a person serves your soon-to-be ex with divorce papers by placing them in his or her hands. There are several ways to go about personal service, including:

  • Serving them yourself
  • Having a friend or relative, or a coworker, serve your spouse
  • Having a county sheriff or marshal serve your spouse
  • Hiring a professional process server
  • Asking anyone who’s over 18 who is not part of the case to serve your spouse

In every case, the person serving the papers on your spouse must:

  • Be 18 or older
  • Not be party to the case
  • Fill out a proof of service form
  • Give you the proof of service form to you so you can file it with the court

Service by Mail for Divorce Papers

Service by mail requires someone who isn’t a party to the case. This person mails the documents to the other party – and while it’s simple (just drop the paperwork into the mail), it’s not very reliable

Service by Notice and Acknowledgement of Receipt

If the other party agrees to be served by mail, and if he or she is willing to sign a document saying that the papers came as expected, you can use this method. The server has to mail the summons and complaint to the other party with two copies of a form called a Notice and Acknowledgement of Receipt. The other party signs a copy of the receipt and sends it back. Then, the server has to take a few additional steps.

Service by Publication or Service by Posting

You have to have the court’s permission for service by publication or service by posting. The first – service by publication – involves you publishing the summons and complaint in a newspaper in the area where your ex is likely to be. Service by posting involves you posting the summons and complaint at the courthouse. You only use these methods if you can’t find your spouse.

Both of these methods require you to get a judge’s permission, and they’re not usually used. However, the California family court system does have procedures in place for you to file these types of papers when you don’t know where your spouse is.

Substituted Service

Usually, substituted service is one of the last methods someone can try. It usually only happens after several attempts at personal service have failed.

Learn About All Your Options. Talk to a Stockton Divorce Lawyer Now.

Working with a Stockton divorce attorney means you don’t have to worry about which method to use and how to do it properly – your lawyer can give you the guidance you need for your specific situation.

If you’re thinking about divorce, or if your ex has already filed, we can help you.

Call us at (209) 989-4425 or get in touch with us online to talk to a lawyer right now. We’ll help you with every aspect of your divorce, from child custody and child support to alimony and property division.

 

 

How to Serve Divorce Papers in California - Stockton Family Law Divorce

How to Serve Divorce Papers in California

  • June 5, 2017August 13, 2020
  • by Angie

When you initiate the divorce process, you’re supposed to let your spouse know—and you do that by service. California law says that you must give the other party formal notice that you’ve begun the legal process; the legal way to do that is by having him or her served with a copy of the same paperwork you filed with the court. Technically, it’s called service of process—but most people simply call it “serving divorce papers.”

How to Serve Divorce Papers in California

It’s important to understand that the judge in your case can’t make any judgments or create any permanent orders until you’ve served the divorce papers to the other party.

Your Stockton divorce lawyer will explain the ways to serve divorce papers, but if you haven’t yet had your initial divorce consultation (or the meetings that come after that), here’s a quick run-down.

Using a Process Server to Serve Divorce Papers

Under California law, any of the following people can serve divorce papers on your spouse by hand-delivering them (as long as the person you choose meets the right criteria), which is called personal service. You may use a:

  • Friend
  • Relative
  • Coworker
  • County sheriff or marshal
  • Professional process server

You can also use anyone who’s over the age of 18 who isn’t part of your divorce case.

In order to use one of the people listed here as a process server, he or she must be at least 18 and cannot be part of your divorce case. The person you use must serve the paperwork during the appropriate amount of time, fill out a proof of service form, and return the proof of service form to you so you can give it to your lawyer or file it with the court. The proof of service form tells the court who was served, when it happened, where it happened, and how it happened.

Other Ways to Serve Divorce Papers

You can also serve divorce papers on your soon-to-be ex-spouse in several other ways, including:

  • By mail. A person who is not part of the case must mail the documents to the other party.
  • Substituted service. You can only use substituted service when you have made several attempts to personally serve the other party and each attempt has failed; substituted service involves leaving the papers with someone else at the other party’s house.
  • Service by publication. You need the court’s permission to serve by publication, which involves publishing the summons and complaint in a newspaper where the other party is likely to be.
  • Service by posting. If you don’t know where your spouse is, you can ask the court for permission to post notice at the courthouse. However, the state of California has special requirements for service by posting.

Your attorney will walk you through the best way to serve your spouse with divorce papers; this isn’t a decision you have to make on your own (or one that you need to make right now, for that matter).

Do You Need to Talk to a Stockton Family Lawyer About Divorce?

If you need to talk to a divorce attorney in Stockton, we’re here to help. Call us at 209-910-9865 for a consultation. The sooner you call us, the sooner we can begin developing the strategy that gets you the best possible outcome in your case.

 

 

Anna Y. Maples Maples Family Law



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