How to serve divorce papers in California

Code of Civil Procedure section 414.10 allows any person who is at least 18 years old and not a party to the case to serve a summons. That can be a friend, a relative, a registered process server, or, in some counties, the sheriff. The sheriff usually charges a fee unless you have a fee waiver.

The server delivers file-stamped copies of the Summons (FL-110), the Petition (FL-100), any other forms you filed except fee waiver forms, and a blank Response (FL-120). The server should note the date, time, and address of service, because that information goes on the proof of service.

Which method you use depends on whether your spouse is cooperative and where they live. The court will not move your case forward until service is done correctly and proven.

If your spouse lives in another state, the self-help guide explains that personal service is always available, and service by certified or registered mail with a signed return receipt may also be used. Service in another country, on a military member, or on someone in jail or prison follows special rules, so check with your court's self-help center or an attorney.

Substituted service requires real effort to serve personally first. The California Courts Self-Help Guide recommends at least three attempts, on different days and at different times when your spouse is likely to be there. The server should keep notes of each attempt and sign a declaration of diligence describing them; the self-help guide suggests using a Declaration (form MC-030).

On the last attempt, the server leaves the papers with an adult who lives there or appears to be in charge at the workplace, explains what the papers are, and records that person's name or a description. The server then mails a copy to the same address. Because service is not complete until ten days after mailing, the response deadline effectively becomes 40 days from the mailing date.

After service, the server fills out and signs the Proof of Service of Summons (form FL-115). For mail service by acknowledgment, the server attaches the signed FL-117. For substituted service, the server attaches the declaration of diligence. You file the original with the court and keep a copy.

Timing matters in two ways. First, your spouse has 30 calendar days after service is complete to file a Response. Second, the date of service usually starts the six-month waiting period before a divorce can become final under Family Code section 2339. If you are also asking for a court hearing, papers generally must be served at least 16 court days before it, with extra time when serving by mail; check with the court.