How to serve divorce papers in california by mail

In California, serving divorce papers by mail is a common and legal method, known as "substituted service." Here's a step-by-step guide to help you serve divorce papers by mail in California:

Eligibility: Before you start, make sure you're eligible to serve divorce papers by mail. You can only use this method if:

  1. The other party (the respondent) is a California resident.
  2. You have a valid address for the respondent.
  3. You've already tried to serve the respondent personally, but they refused or couldn't be found.

Step 1: Prepare the documents

  1. Make sure you have the correct documents:
    • Summons (Form FL-110)
    • Petition (Form FL-100)
    • Any other required documents (e.g., Declaration of Disclosure, Income and Expense Declaration)
  2. Ensure the documents are complete, signed, and notarized (if required).

Step 2: Fill out the Proof of Service

  1. Complete the Proof of Service by Mail (Form FL-335) for each respondent.
  2. Fill out the form with the following information:
    • Your name and address
    • The respondent's name and address
    • The date you mailed the documents
    • The method of mailing (e.g., certified mail, regular mail)

Step 3: Mail the documents

  1. Mail the documents to the respondent using certified mail, return receipt requested (Form PS-100).
  2. Keep a copy of the documents and the Proof of Service by Mail for your records.

Step 4: File the Proof of Service

  1. Once the respondent has been served, file the Proof of Service by Mail with the court.
  2. Attach a copy of the Proof of Service to the original documents.

Important: Keep in mind that serving divorce papers by mail is only valid if the respondent signs the return receipt or acknowledges receipt of the documents. If the respondent refuses to sign the return receipt, you may need to use a different method of service.

Additional tips:

Remember to follow the specific rules and procedures for serving divorce papers in California, as outlined in the California Rules of Court and the California Code of Civil Procedure.