What do you do when you get served with divorce papers in California?
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What do you do when you get served with divorce papers in California?
Once you’re served with a California divorce petition, you can respond in the following ways:
- Do Nothing. Legally, you do not have to respond to your spouse’s divorce petition.
- Request a Default Judgment By Agreement.
- File a Response.
How is a divorce petition served?
The court will usually post the petition to your spouse at the address you have provided in the petition. If service by post is unsuccessful and your spouse either does not receive or does not acknowledge receipt of your petition, then you can request that a court bailiff serve the documents on your spouse personally.
How do you serve someone court papers in California?
Personal Service
- Walk up to the person to be served.
- Say, “These are court papers.”
- Give the person copies of all the court papers.
- Fill out the Proof of Service (Small Claims) (Form SC-104 ), sign it on page 2, and return the completed form to you so that you can file it.
Can you serve someone via email?
All parties are required to provide an address for service when filing their documents. Service of all non-commencement documents should then be made to that address for service. Those documents may be served by regular mail or by e-mail or fax if an e-mail address or fax number has been provided.
Can papers be served to someone else?
When a process server is unable to leave the documents with the defendant, they can sometimes serve the papers on another person. Leaving the papers with somebody who is not the defendant is called substitute service, or just subservice.
What happens if someone is avoiding being served?
What Can a Judge Do if I Avoid Being Served? If they are avoiding a process server, a judge may allow the papers to be left at their home or business with any competent person over the age of 18. A judge may also allow the summons to be mailed to their home or business address via certified mail.
