Filing the paperwork for a divorce is the first step in your journey. The second step is known as serving papers: notifying your spouse of the divorce case through the delivery of copies of the divorce documents. This formal process must take place whether you decide to approach divorce independently or with your spouse and their knowledge. Seek the guidance of a California divorce lawyer so you know how to serve divorce papers in California.
QUINN & DWORAKOWSKI, LLP: HERE TO HELP YOU NAVIGATE DIVORCE
With over 100 years of shared experience between the members of our team, Quinn & Dworakowski, LLP, is here for you every step of the way throughout your divorce process. We understand that this is a difficult time, no matter the circumstances surrounding your divorce, and hope to be here for you both as a shoulder to lean on and as a legal advocate. Ranked as one of the finest family law firms in Southern California, you can trust us to protect your rights.
THE IMPORTANCE OF SERVING DIVORCE PAPERS PROPERLY
Serving divorce papers in the proper manner is essential in California. This process is a legal requirement when it comes to seeking a marriage dissolution, and when not correctly followed, it can result in delays, additional expenses, and you may even be required to start the process completely over from scratch.
Documents Required to Include When Serving Divorce Papers
A third party must serve your spouse the papers. It cannot be done by you, even if your spouse already knows and is in agreement. This party is known as the server and can be appointed by you. Papers can be served in person, through the mail, or even electronically. To avoid delaying your divorce proceedings, make sure you, or allow a qualified attorney to, include all the appropriate documents and ensure they are filled out fully and correctly. Necessary forms include:
- Petitioning for divorce (FL-100): This details basic information about you, your spouse, why you are choosing to dissolve the marriage, and the type of divorce.
- Summons of your partner (FL-110): This form notifies your spouse that they must respond to the served papers, outlines the steps they are to follow, and describes what isn’t allowed during the divorce proceedings, such as hiding assets.
- Response to divorce petition (FL-120): Include a blank copy of this form for your spouse to fill out and file with the court as a formal response to your request for divorce.
- Discussion of children (FL-105): This form is only needed if you have children with your spouse who are below 18 years of age. It will detail the children’s birthplaces, whether they are involved in other cases, and information relevant to child custody cases.
- Proof of service (FL-115): You only need to fill out the top portion of this document. The rest is to be done by your server. It details when and where the transference of papers took place and who served them. These documents show that the papers were served legally.
- Optional forms: Property declaration (FL-160) to jumpstart the division of assets process by declaring your properties, finances, and debts. Childcare proposals (FL-133): This form can be used to outline and share your ideas for child custody prior to official custody proceedings.
How to File and Serve a Response to Divorce Petition Papers
You must file your response within 30 days of you being served your spouse’s petition for divorce. If you don’t, then your spouse may be able to ask the court for a default, meaning they can proceed with the divorce case without your participation or input. You can check with the court to see if your spouse filed for or was granted a default. If they haven’t, it’s still possible to file your response.
To file the response, bring your forms (the originals and two copies) to the courthouse and give them to the clerk. The copies will be returned to you, one for your records and the other for your spouse’s. The court keeps the original. It’s possible to mail these forms in a similar manner if you include the fee for filing and a pre-prepared envelope addressed to you for the clerk to return the copies. Otherwise, you’ll have to go to the courthouse to pick up the copies.
Upon filing, you need to pay a fee ($435-450) or ask for a fee waiver if you qualify (your income is below a predetermined amount, you receive public benefits, or you can’t both pay the fee and satisfy your basic needs). After you finish filing your response, you must notify your spouse by serving them their copy of the paperwork. This must be done by a server and not you.
What Happens if My Spouse Refuses to Participate in the Divorce?
When one spouse refuses to respond to a divorce petition or avoids participating in the divorce process, the court can move forward without their cooperation. In California, the court process doesn’t stop simply because one party is uncooperative. California divorce laws account for the possibility that one party may fail to participate in the court process.
If your spouse does not file a response within the required time period, the court may grant a default judgment. This doesn’t mean that you automatically get everything you ask for, but it can be a more favorable means of resolving a case. The judge will make decisions based on evidence and testimony that you provide, although they still have an interest in ensuring that any final court order is fair.
What To Expect as Your Divorce Moves Forward
Even with a non-responsive spouse, you must complete the necessary divorce steps to finalize the case. This includes financial disclosures, custody proposals if children are involved, and submission of a proposed judgment. California divorce laws require that all assets and debts be disclosed, even if your spouse fails to cooperate.
The court will review your documentation and determine whether the requests are fair and meet legal standards. A divorce attorney can help ensure all documents are properly filed and deadlines met, which can greatly reduce the risk of errors that could delay your case.
The divorce rate in California in 2022 was 17.77 per 1,000 married women, and custody matters continue to make up a large share of family law cases. In Orange County alone, 6,340 child support cases were opened in the most recent fiscal year. Nationally, about 80% of single-parent households are headed by mothers.
MISTAKES TO AVOID WHEN SERVING A SPOUSE BY MAIL
There are several mistakes that can be made during the serving of divorce papers in California. It is wise to avoid making these mistakes, as any one of them can cause your divorce case to take longer or could even see your initial filing thrown out by the courts. These mistakes include:
- Serving the papers to your spouse on your own, as this will invalidate the service
- Failing to promptly file the FL-115 after service has taken place
- Forgetting to include blank response forms intended for your spouse to fill out and return
- Serving the papers too close to your hearing date if you are using a FL-300
- Assuming that an informal method of service, such as a text, email, or verbal statement, is sufficient
Serving divorce papers in the right manner may seem like just a formality, but it is actually essential when pursuing the outcome you most desire. If any part of the process is handled in an incorrect manner, you may find that you are required to start the entire process over from the beginning. Thankfully, by hiring a divorce lawyer, you can ensure that every step is handled in an experienced and proper manner.
HOW TO ENSURE SMOOTH SERVICE
Ensuring that the serving process goes as smoothly and effectively as possible is vital if you hope for your divorce process to continue. Whether you are a resident of Orange County and seeking a divorce through the Lamoreaux Justice Center on The City Drive South in Orange, or you live in Santa Clarita and file through the Los Angeles County Superior Court on West Valencia Boulevard, here are some tips to ensure smooth service of divorce papers:
- If you are serving your spouse papers via a personal service or through a process server, it is important that you work with professionals who are familiar with the laws of California.
- It is vital that you maintain detailed records pertaining to any attempts you have made to serve your spouse with divorce papers, especially if you need to seek alternative routes of service.
- Prepare yourself for possible delays.
Why You Should Hire a Divorce Lawyer
The decision to hire a divorce lawyer can play a critical role in shaping the outcome of your divorce. Attorneys understand the legal process and how to help clients present their cases clearly, even when the other party remains combative or uncooperative. Without proper legal guidance, you risk missing court deadlines or accepting a custody arrangement that doesn’t protect your rights and reflect your history of child-rearing.
Divorce attorneys can also negotiate on your behalf or represent you in hearings. This helps minimize unnecessary conflict while still prioritizing your goals. Even in seemingly simple cases, legal representation adds structure and strategy. Whether your case involves division of property, parenting plans, or support obligations, having an advocate helps ensure fairness and compliance with California law.
FAQs
Q: How Do I Serve Divorce Papers in California?
A: Once you file the divorce paperwork, you must inform your spouse through the formal delivery of the document copies. This process of serving papers is done by a server, an adult over 18 who’s unrelated to (has no claim in) your case. They may be an acquaintance, the county sheriff, or a professional you hire.
Your server must prove the delivery of paperwork by filing a Proof of Service form with the court. This method is called personal service.
Q: Can You Electronically Serve Divorce Papers in California?
A: Yes, it’s called electronic service, or e-service. It requires that all parties give consent to the process before moving forward with this method. To do this, you must inform the judge during the Initial Status Conference hearing that you wish to use e-service and provide evidence of all parties’ consent.
You may serve the paperwork directly electronically, through a server, or by a designated electronic filing service provider. Your spouse still needs to send a receipt of acknowledgment to the court.
Q: What Happens if You Can’t Serve Divorce Papers in California?
A: If the paperwork can’t be served, your case cannot move forward. If your spouse was served and doesn’t respond within 30 days, you can move forward; the court will make decisions without their input.
If papers cannot be served because your spouse is on a military base, commanding officers may be able to serve them. Otherwise, contact an attorney, as different statutes apply. If your spouse is incarcerated, a prison/ jail official will act as your server.
Q: How Do You Serve Divorce Papers if You Can’t Locate Your Spouse in California?
A: The server leaves paperwork with their manager or housemate, then mails additional copies and files their Declaration of Diligence. The spouse has 40 days to respond.
If their whereabouts are unknown after searching, you can request to serve by publication or posting. Pay a local newspaper to publish your documents once a week (mandatory for four subsequent weeks). With a fee waiver, you can request a serving by posting. Your paperwork is posted in a designated spot for notices within the courthouse.
Contact a Family Lawyer for Guidance and Counsel
Ending a marriage often involves complex decisions about property, finances, and child custody. Having trusted legal support can make all the difference in how smoothly the process unfolds. At Quinn & Dworakowski, LLP, we take a measured and strategic approach to each case that helps you make informed decisions that protect your future.
Whether you’re facing a contested divorce or working through sensitive custody matters, our team is here to provide guidance rooted in experience and compassion. There’s no need to approach the divorce process alone and attempt to follow all the detailed regulations, risking making mistakes and taking up more of your time. Reach out to us at Quinn & Dworakowski for an attorney who’ll help you through every step of the way.
