HOW TO SERVE DIVORCE PAPERS IN CALIF. - VIDEO #11 (2021)

Tutorial video in a series of DIY divorce videos that explains how to serve divorce papers on your spouse.

If you don’t have minor children, you are going to serve your spouse with three court forms consisting of a filed-endorsed copy of the Summons, which is FL-110, a filed-endorsed copy of the Petition, which is FL-100, and a blank Response form, which is FL-120. If you have minor children, then you need to serve two additional documents. You need to serve a filed-endorsed copy of the UCCJEA, which is FL-105, and a blank UCCJEA form.

There are two common ways to accomplish “service of process”. One way is “personal service” which is when you have someone personally hand your spouse copies of the Summons, Petition, and blank Response and then fill out a “Proof of Service of Summons” form. The Proof of Service of Summons form is FL-115. The second method of “service of process” is to use a “Notice and Acknowledgment of Receipt”. This form is FL-117.

The “personal service method” is when you have someone hand the Summons, Petition, and blank Response to your spouse. You cannot serve the papers on your spouse yourself because you are a party to the divorce action and parties to the action can’t serve papers. You need someone else that is at least 18 years old. You can have a friend or a relative hand your spouse the papers.

Hiring a professional process server is an option if you don’t have a friend or relative that is willing to serve the papers for you. A professional process server will charge you around $75, sometimes much more, particularly if they have to make multiple attempts to get the papers served.

If your spouse is cooperating with you, there should be no need to hire a professional process server. Just contact your spouse and find out when it will be convenient for them to be home to receive the paperwork. Then, have a friend or relative serve the papers.

After the papers have been served, go to our Court Forms Database and fill out the proof of service form, which is FL-115. After you have filled out the FL-115, have the person that served the papers date and sign the form.

The second way to serve your spouse with the Summons, Petition, and blank Response is to use a form known as a “Notice and Acknowledgment of Receipt”, which is FL-117. With this method, your paperwork is mailed to your spouse and your spouse signs a court form acknowledging that they received the paperwork. You start by going to our Court Forms Database and filling out FL-117. This is a form you prepare, but your spouse signs.

If you use the “Notice And Acknowledgment of Receipt” method, you will still need to complete the “Proof Of Service Of Summons” form, which is FL-115, after your spouse sends you back the signed FL-117.

After you have completed your proof of service paperwork, make two copies and then file the original and copies with the court clerk.

[marisolrios]

After doing this.. what video can I watch to instruct myself of the next step.

[MK-truf]

Trying to rephrase my question...
If the spouse were serviced by a relative but not professionally done as the responding forms were not included and the proof of service was never completed with the court clerk. The respondent knew this so he did not file the response as there were no proof of service attached to the case. The question is
1- if the petioner file the proof of service let us say 60 days after the service was done. Would that be OK and the default status could take place? Or the court will consider the date of filing the proof of service is the start of the 30 days count?

[MK-truf]

Forgive me but not sure if I heard the answer to this question.
If the petioner did not serve the spouse can they still file for a default?

[yo]

I only had the summons and petition served but not the blank response form. Do I have to start again?

[jbrtx]

What do you do with the Proof of Service form (FL115) after the server signs it?

[dee]

Do I have a certain amount of time to serve the other party?

[erenteria]

I have a question. I am helping serve someone by mailing this information can I use a P.O Box as an address⁉️

[sebastianandrade]

So do i have to give a copy of my petition to my spouse????