Certified mail, return receipt requested: Serving divorce papers this way requires that your spouse sign a paper that is attached to the envelope when he receives the petition in the mail.
This “return receipt” is then mailed back to you after it is signed, and will serve as proof of service.
Can I serve divorce papers myself in California?
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. Professional process server.
How long after filing for divorce are papers served in California?
California’s residency requirement for divorce is six months, so you must live in the state at least this long before you can file. After you file and serve your petition for divorce on your spouse, she has 30 days to answer it. This deadline is not immutable, however.
Do you have to sign divorce papers if served?
When you file your answering documents with the court, you must serve your spouse with a copy, just as she served her divorce papers on you. At that time, the judge will want to know if you can reach an amicable settlement or if your divorce is likely to require the intervention of the court.
How do I serve divorce papers to someone out of state?
In a divorce filing, papers filed with the court must be properly served on the other spouse.
Service Via a Third Party
- Hire a sheriff or process server to serve the divorce papers on your spouse.
- Submit a set of the divorce papers to the sheriff or process server.
Is it better to file for divorce or be served?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
How much does it cost to serve divorce papers in California?
The filing fee for a divorce petition is $435. For the spouse filing a response to that petition, the fee is also $435. You may pay additional court fees depending on your county. Additional costs for your divorce will vary depending on which route you take to resolve it.
Can you refuse to be served papers?
What if the person being served refuses to accept the papers? In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away.
Photo in the article by “Flickr”